STATE OF GUJARAT Vs. KIRANBHAI KANUBHAI PRAJAPATI

JUDGEMENT

(1.) THE above referred Criminal Appeal is preferred under Section 378 of the Code of Criminal Procedure, by the State of Gujarat - applicant- appellant, herein against the judgment and order delivered by the additional Sessions Judge, Fast Track Court, at Deesa on 10th January, 2007 in Special Case No. 132/2006 whereby both the present respondents being accused came to be acquitted by the trial Court for the offences punishable under Section 3 (1x10) of the Scheduled Castes and the scheduled Tribes (Prevention of Atrocities) Act, 1989 and for the charges levelled against them under Sections 323, 504, 506 (2) r/w. Section 114 of the Indian Penal Code.

(2.) PRESENTING the above Criminal Appeal, the State of Gujarat, applicant - appellant, herein has also preferred Criminal Misc. Application no. 4223/2007 under Sub-Section (3) of Section 378 of the Criminal procedure Code for Leave to Appeal.

(3.) LEARNED APP Mr. A. J. Desai for the State of Gujarat - applicant- appellant was heard in respect of the matter extensively at this stage also. We have called for Record and Proceedings from the trial Court and we have gone through the same thoroughly whether to grant Leave to Appeal.