STATE OF GUJARAT Vs. KOLI VITHALBHAI PRABHUBHAI

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 30/1/1996 passed by the learned Judicial Magistrate First Class, Muli in in Criminal Case No. 186 of 1992 whereby the respondents-accused were acquitted of the charges leveled against them.

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

(3.) MR. R. C. Kodekar, learned APP contended that the judgement and order of the Judicial Magistrate First Class is against the provisions of law and the Magistrate Court 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 the prosecution witness had clearly deposed in his deposition that the respondents-accused were found committing offence punishable under Section 379, 427, 114 of the Indian Penal Code and Section-33-B of the Indian Electricity Act. He further submitted that there was no reason for the learned Magistrate to disbelieve the prosecution case and to acquit the respondents-accused.