STATE OF GUJARAT Vs. PRITAMLAL BECHARDAS JAIN

JUDGEMENT

(1.) THE present appeal, under section 378 of the Code of the Criminal Procedure, 1973 is directed against the judgment and order of acquittal dated 29. 1. 1993 passed by the learned Chief Judicial Magistrate, Surendranagar in Criminal Case No. 934 of 1991 whereby the accused have been acquitted from the offence leveled against them.

(2.) THE brief facts of the prosecution case are as under: on 10. 9. 1990 at about 16:45 hrs the accused persons were trapped while they were doing the business of prohibited Optional contract.

(3.) NECESSARY investigation was carried out and statements of several witnesses were recorded. During the course of investigation, respondents were arrested and, ultimately, chargesheet was filed against them. Thereafter trial was initiated against the respondents. To prove the case against accused, the prosecution has examined following witnesses. PW S. B. Ravat Exb. 10. PW S. S. Chudasama Exb. 17. PW H. V. Gandhi Exb. 22. PW Meman Yusuf I. Exb. 35. PW Shrirang Gajanand Exb. 39. To prove the case against accused, the prosecution has produced following documentary evidence. F. I. R. Exb. 11. Forwarding letter, Mumbai Exb. 19. Receipt of Mudamal Exb. 20. Pursis for "d" file Exb. 21. Panchnama Exb. 23. Translation of Mudamal's receipt Exb. 36. Translation of Mudamal's receipt Exb. 37. Translation of Mudamal's receipt Exb. 38. Report from F. M. C. ,mumbai Exb. 40.