SHAHBUDDIN ABDUL KAHLIK SHAIKH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) On 1/2/1995 we heard and disposed of this appeal with the following order:

(2.) The appellant was placed on trial before the Additional Designaled Judge, court No. 2, Ahmedabad to answer charges under Section 302 read with Section 34 of the Indian Penal Code and Section 3 of the Terrorists and Disruptive Activities (Prevention) Act, 1987 ('act' for short) which centred around the death of a person belonging to the Hindu community on 23/12/1992. On conclusion of the trial the learned Judge recorded an order of conviction and sentence against the appellant in respect of both the charges. Hence this appeal under Section 19 of the Act.

(3.) Briefly stated the case of the prosecution is that on 24/12/1992 Rajubhai Govindbhai (Public Witness 1, a resident of Chatursing's Chawl, near Char Toda Kabrastan of Gomtipur in the city of Ahmedabad lodged a complaint with Gomtipur Police Station to the effect that on 23/12/1992 at or about I I p. m. while he was sitting in front of his house along with his friends Haribhai Mohanbhai Solanki and Sanjay Kumar Kishorebhai he saw Manoharbhai Kaluram Koli, who was a resident of the same Chawl and working as a labourer at the Railway Station Platform Canteen, coming towards them from the side of Patrawali Mosque. When he got as far as the road in front of the RSI Dispensary No. D-23 four persons named Kallar, Arif Hanif, Shahbuddin (the appellant) and Ishrar Kaliyo waylaid him. While the appellant and Ishrar Kaliyo caught hold of him the other two stabbed him with guptis. Resultingly, Manoharbhai received serious injuries and started bleeding profusely. When Rajubhai and his friends started shouting for help the miscreants fled away towards Patrawali's Chawl. They then rushed the injured to the hospital where the doctor declared him dead. In his complaint Rajubhai alleged that the murder was a sequel to the demolition of the structure of Babri Mosque at Ayodhya on 6/12/1992 and the communal riot that broke out in the city of Ahmedabad in its wake. On that complaint a case was registered and the appellant was arrested. On completion of investigation police submitted charge-sheet against the appellant and the other three accused named in the complaint showing them as absconding. The appellant pleaded not guilty to the charges levelled against him and contended that he was falsely implicated.