Z.K.SAIYED, J. - (1.) THE complainantpresent appellant has filed this complainant before the learned Judicial Magistrate First Class, Kheralu and the said case was registered against both the respondentsaccused vide Criminal Case No.59 of 2012 for the offences punishable under Sections 441, 447 and 379 of the Indian Penal Code. During the pendency of the trial, original accused No.1 was expired, so case against him was abatted.
(2.) IN support of the prosecution case, prosecution has examined four oral evidences : JUDGEMENT_57_LAWS(GJH)3_2015.htm
(3.) IN support of the prosecution case, the prosecution has produced several documentary evidences like bills of purchase of Gavar at Exh.59,61,62 and 63, receipts of money order at Exh/66 to 75 and 78 to 92, assessment statement at Exh.58, agenda given by Ambaji Trust at Exhy.77, rojmel at Exh.95 to 97. Thereafter, after filing closing pursis by the prosecution, further statement of accused persons under Section 313 of the Code of Criminal Procedure, 1973 was recorded and examined defence witnesses like Navnitbhai Naranbhai Modi at Exh.119, Narayanbhai Joitaram Modi at Exh.120 as well as produced documentary evidence like Panchnama drawn by Chief Officer of Kheralu Nagarpalika produced at Exh.121 and assessment of property of City Survey No.3907 at Exh.112. Then, the complainant has filed written argument and the learned trial Judge has acquitted the respondentaccused No.2.;