STATE OF GUJARAT Vs. PRAVINDAN JIVANDAN GADHAVI

JUDGEMENT

(1.) THE present appeal, under section 378 of the Code of the Criminal Procedure, 1973 is directed against the judgment and order of acquittal dated 15-07-1989 passed by the learned Special Judge, Jamnagar in Special Case No. 2 of 1985 whereby the accused have been acquitted of the charges leveled against him.

(2.) THE brief facts of the prosecution case are as under: the complainant Bhurabhai Chanabhai Makwana residing at Nani Bhagedi Village and doing agricultural work. The accused Pravindan Jivabhai Gadhavi was serving as Gram Sevak under District Agriculture Officer of District Panchayat, Jamnagar. On 8-6-1984 he had supplied groundnut seeds weighting 20 K. G. Free of charge on behalf of the Government under Government policy. He had demanded Rs. 50/- from the complainant for the seeds of groundnut. Therefore the complainant lodged a complainant with A. C. B. Office and on 3-9-1984 the accused was trapped during the raid of A. C. B.

(3.) NECESSARY investigation was carried out and statements of several witnesses were recorded. During the course of investigation, respondent was arrested and, ultimately, chargesheet was filed against him.