STATE OF GUJARAT Vs. SAMARSINH BHAYAJIBHAI BARIYA

JUDGEMENT

(1.) THE present Appeal, under Section 378 of the Code of Criminal Procedure, is filed by the appellant State of Gujarat against the Judgment and order dated 28.04.1995 passed by learned Special Judge, Surat, in Special (Corruption) Case No. 3 of 1992, whereby the learned Judge has acquitted the respondents original accused from the charges alleged against them. Against the said Judgment, the appellant State has filed present Appeal against respondents original accused.

(2.) DURING the hearing on admission of above Appeal, the Division Bench of this Court vide order dated 27.8.1997 has suo-motu issued Notice to the original complainant of Special Case for showing cause as to why action for perjury should not be taken against him, and the same was numbered as Criminal Miscellaneous Application No. 4771 of 1997 (suo-motu).

(3.) TO prove the case against the accused, the prosecution has examined the witnesses and relied upon the documents. At the end of trial, after recording the statements of the respondents accused, under Section 313 Cr. P.C., and after hearing the arguments on behalf of the prosecution and the defence, the learned Additional Sessions Judge, vide the impugned Judgment and order, has acquitted the respondents accused from the charges levelled against them. Being aggrieved by and dissatisfied with the aforesaid Judgment and order of acquittal, the appellant State of Gujarat has preferred this Appeal.