LAWS(GJH)-2009-8-328

STATE OF GUJARAT Vs. KIRITSINH KESARSINH CHAWDA

Decided On August 20, 2009
STATE OF GUJARAT Appellant
V/S
KIRITSINH KESARSINH CHAWDA Respondents

JUDGEMENT

(1.) THIS appeal, under Section 378 of the Code of Criminal Procedure, 1973, is directed against the judgment and order of acquittal dated 31. 07. 1989 passed by the learned Additional Sessions Judge, Nadiad, in Sessions Case No. 228 of 1988, whereby, the accused have been acquitted from the charges leveled against them.

(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 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 against the present respondents. Learned APP has also taken this Court through the oral as well as the documentary evidence available on record.