STATE OF GUJARAT Vs. DILIP PRAGAJI JOSHI

JUDGEMENT

(1.) THESE appeals, under Section 378 of the Code of Criminal Procedure, 1973, are directed against the judgment and order of acquittal dated 16. 03. 1988 passed by the learned Additional Sessions Judge, Kutch-Bhuj, in Criminal Appeals Nos. 29 of 1985 and 30 of 1985, whereby, the learned Sessions Judge, quashed and set aside the order dated 26. 06. 1985 passed by the learned JMFC, Gandhidham in Criminal Case No. 292 of 1983 and acquitted the accused 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 lower appellate Court 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.