STATE OF GUJARAT Vs. SHANABHAI DAHYABHAI PATEL

JUDGEMENT

(1.) This appeal is directed against the order of acquittal passed by the learned Judicial Magistrate First class third court Baroda in criminal case No. 3230 of 1975 acquitting respondents Nos. 1 to 4 that is Original accused Nos. 1 to 4 of the offence punishable under secs. 452 323 324 326 of the I. P. Code as also under sec. 135 of the Bomby Police Act for which they stood their trial before the learned Magistrate.

(2.) . This matter had come up before this Court earlier and it was sent down for additional evidence.

(3.) Additional evidence has been accordingly recorded by the learned Magistrate of the two witnesses viz. Dr. Jayram Vasudev Lakkad Ex 39 and Mahendrabhai Prabhudas Mehta P.W. 12 Ex. 43. Further statements of the accused are also recorded under sec. 313 of the Code of Criminal Procedure on this evidence. The learned Magistrate has certified this evidence to this court and the appeal has then been placed for hearing.