(1.) THE present appeal, under Section 378 of the Code of Criminal Procedure, 1973, is directed against the judgment and order of acquittal dated 21.10.1988 passed by the learned Chief Judicial Magistrate, Kutch at Bhuj in Criminal Case No. 734 of 1986, whereby the accused - present respondents have 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 Counsel Mr. Pranav Desai that the judgment and order of the learned Court is against the provisions of law; the trial 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 Counsel has also taken this Court through the oral as well as the entire documentary evidence.