STATE OF GUJARAT Vs. KANTIBHAI AMABARAMBHAI PATEL

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. 04. 1998 passed by the learned Judicial Magistrate First Class, Unjha in Criminal Case No. 207 of 1995 whereby the accused was acquitted of the charges leveled against him.

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

(3.) IT was contended by Mr. RC Kodekar, learned APP that the judgment and order of the learned Magistrate 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 respondent. Learned APP has also taken this court through the oral as well as the entire documentary evidence.