DHANABHAI PUNIYABHAI MOHANIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioner is the original complainant. In the present petition, he has challenged legality of judgement and order dated 12.9.2007 passed by learned JMFC, Petlad by which Magistrate was pleased to dismiss the complaint i.e. Criminal Inquiry Case No. 5/2007. In the complaint it was alleged inter-alia that uncle of the complainant Babubhai Malabhai Mohania was a labourer. On 17.7.2006 said Babubhai could not arrange for food for his children. He therefore, went to Ashram of accused no.1 at Dantali hoping that he might find some food there. Accused no. 2 to 5 were present at that time in Ashram. When he asked for food, it was refused. He was insulted and pushed on the ground. Thereafter there was a scuffle. Accused no. 2 to 5 started beating him. Babubhai also started attacking the said accused in self defence at which time accused no. 2 to 5 shouted for accused no.1 who came out with his revolver and fired injuring Babubhai near his shoulder. Babubhai thereupon ran away and went to Anand and thereafter, to Ahmedabad where he died. His wife Mangiben performed his last rites. Some three days thereafter, police had come to their house and inquired about the place where Babubhai's body was burnt. People of the village had shown them the spot from where, from the burnt ashes with help of a magnet, they had recovered a small iron pallet which the police had put in a packet and seized along with the bones. The complainant thereafter had gone to the police station on several occasions. However, his complaint was not being attended to. He therefore, alleged that all the accused had committed offence punishable under Section 302 read with Section 114 of the IPC and the Arms Act and the Schedule Caste and Schedule Tribes(Prevention of Atrocity)Act.

(2.) Learned Magistrate recorded the statement of complainant on verification on 4.1.2007. In the statement, the complainant stated that when the dead body of Babubhai was brought home, he had seen a deep injury mark on the right side of the back portion. Wife of the deceased had told him about what had happened. He was told that after being injured deceased had gone to Anand and in the early morning he was shifted to Ahmedabad where he died. His body was brought to the native place in an ambulance. On 4.1.2007, learned Magistrate ordered Court inquiry under Section 202 of the Code of Criminal Procedure.

(3.) Learned Magistrate examined several witnesses. Certain documents were also produced before him. He ultimately passed his impugned order dated 12.9.2007 and dismissed the complaint under Section 203 of the Code of Criminal Procedure.