STATE OF GUJARAT Vs. PRAGNESH @ PINTUBHAI MOHANBHAIPATEL

JUDGEMENT

(1.) THE appellant State of Gujarat preferred this appeal challenging the legality and validity of the impugned judgment and order delivered by learned Judicial Magistrate First Class, Valsad ('ld.Magistrate', for short) on 31.5.1999 in Criminal Case No.4347/1997. The ld.Magistrate was pleased to acquit all the respondents -accused for the offence punishable under Sections 323, 325, 452, 337, 338 and 427 read with Section 114 of Indian Penal Code ('IPC', for short).

(2.) THE prosecution case in nutshell is as under: -

(3.) ON behalf of the appellant State, learned A.P.P. Mr.M.R. Mengde submitted that the judgment and order of acquittal passed by the ld.Magistrate is contrary to law, evidence on record and principles of justice. That there are 3 injured eye -witnesses examined by the prosecution, and amongst them the injured witness Babubhai sustained grievous injury, like fracture. All these 3 injured eye -witnesses, who sustained injuries during the course of this offence, categorically deposed that they were beaten by the accused persons. There was no reason whatsoever to discard the ocular evidence in the form of injured witnesses produced by the prosecution. That the ld.Magistrate placed much emphasis upon minor contradictions, but, it is well settled that certain minor contradictions are bound to be there. The deposition of rustic witnesses, who are residing in a small village and who are illiterate, were examined by the prosecution. That therefore, considering the overall evidence on record, the prosecution successfully proved that the 3 injured eye -witness were beaten by the accused persons. Their injuries are supported by medical evidence. That therefore, the appeal be allowed and the impugned judgment and order delivered by the ld.Magistrate be set -aside and all the accused be appropriately punished for the offence charged against them by the prosecution.