STATE OF GUJARAT Vs. SHAMARA JAKHU GADHAVI

JUDGEMENT

(1.) THE present appeal, under section 378 of the Code of Criminal Procedure, 1973, is directed against the judgment and order dated 24. 03. 1999 passed by the learned Judicial Magistrate First Class, Mandvi, Dist. Kutch in Criminal Case No. 93 of 1994 whereby the original accused-respondent, herein, has been acquitted of the charges leveled against him.

(2.) THE brief facts of the prosecution case are as under:

(3.) IT was contended by Mr. Kodekar, learned APP that the judgment and order of the learned Magistrate is against the provisions of law. The Magistrate Court has not properly considered the evidence led by the prosecution and looking to the provisions of law itself it is established that the prosecution has proved the whole ingredients of the evidence against the present respondent. Learned APP has also taken this court through the oral as well as the entire documentary evidence. There are ample direct and indirect evidence connecting the accused in the crime and they are produced in the case.