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CR.MA/1160/2008 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 1160 of 2008
In
CRIMINAL
APPEAL No. 613 of 2008
=========================================
STATE
OF GUJARAT - Applicant(s)
Versus
BHARATKUMAR
CHANDULAL KOTHARI & 6 - Respondent(s)
=========================================
Appearance :
PUBLIC
PROSECUTOR for Applicant(s) : 1,
None for
Respondent(s) : 1 - 7.
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE RAVI R.TRIPATHI
and
HONOURABLE
MR.JUSTICE RAJESH H.SHUKLA
Date
: 11/11/2008
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE RAVI R.TRIPATHI)
The
present application is filed for seeking leave to appeal against
judgment and order dated 26.10.2007 of acquittal passed by the
learned Presiding Officer and Additional Sessions Judge in Sessions
Case No.5 of 1999.
Heard
learned A.P.P. Mr. Raval.
The
learned A.P.P.Mr. Raval has strenuously submitted that the learned
Presiding Officer and Additional Sessions Judge has committed an
error in recording acquittal in the matter of offence under section
143, 147, 148, 149, 307, 324 of Indian Penal Code read with section
3(1)(10) of Prevention of Atrocities Act, 1989. The learned A.P.P.
submitted that the learned Additional Sessions Judge has committed an
error in recording acquittal on appreciating the evidence.
The
Court having perused the judgment and order finds that the evidences
of the Investigating Officer and the complainant were contrary to
each other. Not only that there was no other evidence which supports
the case of the complainant.
In
view of above, the Court finds no substance in the present
application. Hence, this application is rejected.
[RAVI
R. TRIPATHI, J.]
[RAJESH
H. SHUKLA, J.]
jani
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