STATE OF GUJARAT Vs. PRABHUDAS HARIBHAI PATEL

JUDGEMENT

(1.) ORG. Accused no. 5 has expired during the pendency of this appeal. In support thereof, his Death Certificate has been produced on record. In view of the same, this appeal qua him stands abated. This appeal, under Section 378 of the Code of Criminal Procedure, 1973 is directed against the judgment and order dated 20. 07. 1990 passed by the learned Addl. Sessions Judge, Court No. 5, Ahmedabad in Sessions Case No. 07/1990, whereby, the respondents have been acquitted of all the charges leveled against them.

(2.) THE brief facts of the prosecution case are as under:

(3.) IT was contended by learned APP that the judgment and order of the Court below is against the provisions of law; the Court below has not properly considered the evidence led by the prosecution and that looking to the provisions of law, it is established that the prosecution has proved the ingredients of the offence against the respondents beyond doubt. Learned APP has taken us through the oral as well as the documentary evidence available on record.