STATE OF GUJARAT Vs. PATTANI VAGHRI BHARATBHAI BABABHAI

JUDGEMENT

(1.) THE present appeal, under Section 378(1)(3) of the Code of Criminal Procedure, 1973, is directed against the judgment and order of acquittal dated 30.12.2008 passed by the learned Special Judge, Fast Track Court, Patan, in Special Atrocity Case No. 43 of 2008, whereby the respondents - accused have been acquitted of the charges leveled against them.

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

(3.) HEARD learned APP Mr. Kodekar on behalf of appellant - State. We have also gone through the papers produced before us. It was contended by learned APP that the judgment and order of the learned trial Judge is against the provisions of law; the learned Judge has not properly appreciated oral as well as documentary evidence available on the record of the case in its true and proper perspective. He has also contended that there are direct and indirect evidence connecting the respondents with crime. He, therefore, contended that the Judgment of learned Judge is erroneous and bad in eye of law.