STATE OF GUJARAT Vs. USMANKHAN ABDULKHAN PATHAN

JUDGEMENT

(1.) THIS appeal, under Section 378 of the Code of Criminal Procedure, 1973 is directed against the judgment and order dated 21. 12. 1988 passed by the learned Addl. Sessions Judge, Banaskantha at Palanpur in Criminal Appeal No. 24 of 1985, whereby, the respondent-accused has been acquitted from 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 lower appellate Court 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, it is established that the prosecution has proved the ingredients of the offence against the respondent beyond doubt. Learned APP has taken us through the oral as well as the documentary evidence available on record.