FARUKH RAZAKBHAI JAMNAGRI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Learned APP waives service of notice of rule for and on behalf of respondent-State.

(2.) By way of preferring this Criminal Revision Application under Sec. 397 read with Sec. 401 of the Cr.P.C., applicant has prayed for following reliefs:

(3.) Brief facts of the present case may be summarized as under: An FIR came to be filed by one Iqbalbhai Ajirbhai Piparvadia before Bhaktinagar Police Station, Rajkot being C.R. No.I-143 of 2016 on 18/8/2016 for the offences punishable under Sec. 302 read with Sec. 135 of the G.P.Act, inter alia alleging that he is residing at the address mentioned in the FIR any by plying rickshaw, he is earning his livelihood. That on 17/8/2016, the complainant along with his cousin brother Yunusbhai, his son and other friends, all of them went to the market for purchasing goat for the occasion of Bkri-id and thereafter, when they returned back at around 10.30 p.m. for Rajkot, when they reached near a particular place, one white colour swift car was following them and thereafter, said car was driven along with the car of the complainant on the same speed. That since the speed of the car was slow, the complainant could saw the person who was driving the said swift car and it was on Farukh and thereafter, complainant stopped the car. Thereafter, said Farukh came out from the car with knife in his hand and started altercation with Yunusbhai. That Yunusbhai came out of car and complainant and other persons sitting in the car also came out and at that point of time, the said Farukhbhai asked Yunusbhai as to why he was quarreling with his father, upon which Yunusbhai informed Farukh that the said incident is old incident and therefore, everything is now required to be forgotten. Upon this, Farukhbhai gave a knife blow on the chest part of the Yunusbhai and thereafter, the said Farukhbhai flee away from the place. That injuries were caused on the other part of the body. That said Yunusbhai was badly injured. Complainant and son of Yunusbhai also threw stone one Farukhbhai but Farukhbhai continued with the assault. Complainant as well as Arjubhai went towards Janagleshwar and made a phone call to two brother of the complainant. Thereafter, Yunusbhai was taken to the hospital wherein Yunusbhai was examined and he was declared dead, with these allegations, the FIR came to be lodged.