STATE OF RAJASTHAN Vs. BAPU LAL BHANDARI

JUDGEMENT

(1.) THIS appeal is directed against the order dt. 9.4.1984 passed by the learned Upper Chief Judicial Magistrate, Mandalgarh in Cr. Case No. 561/76 whereby, the learned Sessions Judge has acquitted the accused under the Food Adulteration Act.

(2.) ON appreciation of the entire evidence on record, the learned trial Judge came to the conclusion for reasons stated in the impugned order that the accused cannot be held guilty of offence with which they are charged. Consistent with the finding of not guilt, the learned trial Judge proceeded to acquit the accused. This acquittal is impugned in this appeal on the grounds mentioned in the memo of appeal.

(3.) IT is after keeping in mind this position of law regarding interference in the matter of acquittal that I will have to examine the order of acquittal in the present case. With the able assistance of the learned Public Prosecutor and the learned Counsel for the accused, I have carefully gone through the record and proceedings of this case and I reappreciated the evidence on record. I have scrutinised the judgment of the trial court regarding reasons for acquittal and I find myself in agreement with the reasons recorded by the learned Judge on appreciation of the evidence of record. Since I am in agreement with the finding of acquittal recorded by the learned Judge as also reasons given by him, I see no reason to separately repeat my appreciation of evidence and repeat the reasons for upholding the acquittal. Suffice it to say that the order of the learned Judge acquitting the accused is well reasoned order on appreciation of evidence Hence, the appeal fails and is dismissed.