STATE OF GUJARAT Vs. KAANARAM PARKHAJI PUROHIT

JUDGEMENT

(1.) THE present appeal, under Section 378 of the Code of Criminal Procedure, 1973, is directed against the judgement and order of acquittal dated 09. 03. 1999 passed by the learned Judicial Magistrate First Class, Dhanera in Summary Case No. 1234 of 1993 whereby the accused were acquitted of the charges leveled against them.

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

(3.) MR. RC Kodekar, learned APP submitted that the judgement and order of the learned J. M. F. C is against the provisions of law; the learned Magistrate has not properly considered the evidence led by the prosecution and looking to the provisions of law itself it is established that the prosecution has proved the whole ingredients of the evidence against the present respondents. Learned APP has also taken this Court through the oral as well as the entire documentary evidence. He submitted that though the panch witnesses did not support the case the complainant and other witness have supported the case of the prosecution with regard to recovery of muddamal of liquor. He further submitted that there is no reason to involve respondent-accused falsely in the present case.