STATE OF GUJARAT Vs. BALDEV JADAV PATEL

JUDGEMENT

(1.) THIS appeal under Section 378 of the Code of Criminal procedure, 1973, is directed against the judgment and order dated 15th october, 1987, passed by the learned Additional Sessions Judge, Gondal (Rajkot) in Sessions Case No. 38 of 1986, whereby, the respondent, original accused, have been acquitted from the charges levelled against them. 1. 1. On 7th July, 1988, this Court while admitting the appeal, had issued bailable warrant in the sum of Rs. 3,000/- each, against respondents nos. 1 and 2 and with respect to respondents nos, 3 to 6, leave to appeal was refused and appeal against them was dismissed. Therefore, this appeal is heard only qua respondents nos. 1 and 2-original accused no. 1 and 2.

(2.) THE facts in brief, as emerging from the record, are as under :-

(3.) MR. R. C. Kodekar, learned APP, has submitted that the impugned judgment and order of the Court below is against the provisions of law; the Court below has not properly considered the evidence led by the prosecution and that looking to the provisions of law itself, it is established that the prosecution has proved the ingredients of the offence beyond doubt. 3. 1. Learned APP, has contended that from the oral evidence of pw-3 at Exhibit-18, PW-5 Narendra Karshan at Exhibit-20, the guilt of the respondents is established beyond doubt. The Court below has failed to appreciate the evidence on record, in its true perspective and has, thereby, committed serious error in acquitting the respondents from the alleged offence. Hence, the impugned order passed by the Court below deserves to be quashed and set aside,