STATE OF GUJARAT Vs. KISHANCHAND KAKARAM BHATIA

JUDGEMENT

(1.) THE present appeal, under section 378 of the Code of Criminal Procedure, 1973, is directed against the judgment and order of acquittal dated 12. 4. 1988 passed by the learned Addl. City Sessions Judge, Ahmedabad in Criminal Appeal No. 43/1988, whereby the judgment and order passed by the learned Metropolitan Magistrate Court No. 2, Ahmedabad in Criminal Case No. 1025 of 1987 on 12th April, 1988 convicting the accused for the offence punishable under sec. 304-A and 379 of IPC has been set aside and the respondent accused has been acquitted of the charges leveled against him.

(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 Sessions Court is against the provisions of law; the Sessions 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 respondent. Learned APP has also taken this court through the oral as well as the entire documentary evidence.