STATE OF GUJARAT Vs. PARMAR BHARATBHAI BALCHANDBHAI

JUDGEMENT

(1.) THIS appeal, under Section 378 of the Code of Criminal Procedure, 1973 is directed against the judgment and order dated 31. 07. 1996 passed by the learned 2nd Extra Asst. Sessions Judge, Mehsana in Sessions Case No. 73 of 1996, whereby, original accused nos. 1 to 8 have been acquitted from all the charges leveled against them, whereas, original accused no. 9 has been convicted for the offence punishable u/s. 324 IPC but, was granted the benefit of probation.

(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 accused beyond doubt. Learned APP has taken us through the oral as well as the documentary evidence available on record.