STATE OF GUJARAT Vs. HAJIBHAI DAUDBHAI RAMPURA

JUDGEMENT

(1.) K. S. JHAVERI, J. The present appeal, under section 378 of the Code of Criminal Procedure, 1973, is directed against the judgement and order of acquittal dated 18. 04. 1987 passed by the learned Additional Sessions Judge, Narol, Ahmedabad in Sessions Case No. 62 of 1988 whereby the accused were acquitted of the charges leveled against them.

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

(3.) MRS. Manisha Luvkumar Shah, learned APP contended that the judgement and order of the learned Additional Sessions Judge is against the provisions of law; the learned Additional Sessions Judge 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. 3. 1 Learned APP has also taken this court through the oral as well as the entire documentary evidence. She submitted that the respondent-accused No. 1 in furtherance of his common object caused injury to the complainant Pradhanji with Dharia and accused No. 2 caused injury with stick to the complainant. She further submitted that P. W. 6 Kaluji Laxmanji who was examined at Exh. 23, P. W. 7 Kaluji Gulabji who was examined at Exh. 24 and P. W. 8 Kuvarji Babaji who was examined at Exh. 25 have supported the case of the prosecution. Learned APP further submitted that there was no reason for the learned Judge to disbelieve the prosecution case and to acquit the respondents. 3. 2 Learned advocate for the respondents-accused submitted that the trial court was rightly acquitted the respondents of the charges leveled against them.