STATE OF GUJARAT Vs. PATEL AMRUTBHAI KACHARABHAI

JUDGEMENT

(1.) THE present appeal, under section 378 of the Code of Criminal Procedure, 1973, is directed against the judgement and order dated 23. 05. 1989 passed by the Additional Sessions Judge, Mehsana in Sessions Case No. 95 of 1985 whereby the accused have been acquitted of the charges leveled against them.

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

(3.) IT was contended by Ms. Shah, learned APP that the judgement and order of the Sessions Court is against the provisions of law; the Sessions 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 respondents. Learned APP has also taken this court through the oral as well as the entire documentary evidence. 3. 1 Mr. Nitin Amin, learned advocate for the respondents has submitted that the trial court has gone through the evidence in detail and has rightly acquitted the respondents-accused. Learned advocate has submitted that the judgement and order of the trial court is just and proper and does not call for interference by this court.