Rajesh H. Shukla, J. - (1.) THE present Appeal is directed against the impugned judgment and order rendered in Criminal Case No. 401 of 1985 by the learned Judicial Magistrate First Class, Khambhaliya (Kalyanpur) dated 27.5.1988 recording the acquittal of the Respondent - Original Accused for the offence under Sections 454, 457 and 380 of the Indian Penal Code for the reasons recorded therein. The facts of the case briefly summarized are as follows.
(2.) AS it transpires from the material and evidence, the accused is alleged to have committed an offence of house breaking and theft of the amount from the bank. Therefore the complaint has been registered by the complainant (cashier) and the same has been registered as FIR No. 205 of 1985 with Gataka Police Station for the alleged offence. Thereafter the investigation was made and the charge sheet was filed and the charge was framed. The prosecution examined the witnesses and the defence has also examined the witnesses and after the recording of the evidence of prosecution witnesses was over the further statement of the accused under Section 313 of the Code of Criminal Procedure was recorded. Thereafter the defence has also examined the witnesses as defence witnesses.
(3.) AFTER hearing the learned APP as well as learned Advocate for the accused, the trial court has passed the judgment recording the acquittal which is assailed in the present appeal.;