GOPALSINH BHIMSINH RATHOD Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This is the Revision Application filed against an order passed by 4th Fast Track Court, Rajpipla, as Court of Addl. Sessions Judge, on 6th of February, 2003, in Session Case No. 52/92 below Exh. 3 Application filed by present accused in that case, for discharging him.

(2.) As per the brief facts of the case, certain employees of Gujarat Spinners Mill Colony Limited had gone on a strike due to disturbance between management and the labourers. After obtaining police security, the management decided to start productions. Some of the labourers willingly co-operated. A group of SRP personnel in addition to police security were also stationed at the gate of the said Mill. The incident appeared to have occurred on 5.11.1989 and the Management had decided to start production on 6.11.1989. The police personnel, as above said, were on duty. At that time, one truck entered towards the gate for loading of goods produced in the Mill. The labourers, who were on strike, in the shape of mob, rushed towards the gate to restrain the truck from entering into the Mill. The police personnel attempted to restrain the mob of labourers but the mob started pelting stones. When the mob was uncontrolled, lathi charge and tear gas shells were employed. Even then, the mob was not dispersed and the police to control the mob, ordered gun firing in the air. About 30 rounds were discharged. When General Manager one Mr. Rathod and one Mr. Vyas attempted to enter into the Mill, the mob again attacked and caused damage to the security cabin of the Mill and Managers were beaten with stick and iron rods. Some police personnel were also injured and, therefore, a complaint came to be filed by Shri P.R.Gehlot, Police Sub-Inspector, Rajpipla, on 5.11.1989 at 11.15 hours. Thereafter, complainant in this case one Archhelal Karimanprasad on 7.11.1989 at about 20.35 hours in respect of the disturbance at the Mill, filed complaint against present applicant under Section 307 of the Indian Penal Code stating that the labourers who were on strike were attacking towards the gate of the Mill and police thereafter executed the firing. On account of firing, labourers started dispersing. The complainant Archhelal Karimanprasad, at that time, was standing near the right side of Security Office at the pan shop. The second person named by complainant as Prabhu @ Pirshinath was also standing with him. Other person one Rameshwar Yadav was also present. At that time, the applicant from the broken window of security cabin took out a rifle-12 bore and fired towards the complainant, which hit the complainant's left thigh. The complainant was fallen down. He was taken to hospital and thereafter complaint came to be filed.

(3.) On filing of the charge sheet, an application at Exh. 3 before the Asst. Sessions Judge, Bharuch, came to be filed in the above said case No. 52/02 by the present applicant - accused that having regard to the complaint filed, having regard to the panchnama and police papers, no offence against him is made out under Section 307 of the Indian Penal Code, and alternatively, if at all, the said offence is committed, then the said act is done in self defence, falling under exception of the Indian Penal Code, not amounting to any offence and, therefore, it was urged that he be discharged from the said charges under Sec. 307 of the IPC. The learned Addl. Sessions Judge, Bharuch, after hearing both the parties, came to the conclusion that taking into consideration, the complaint filed by Archhelal Karimanprasad and after perusing the statements of witnesses Rajendra Ranga and Ramnath Rudraprasad, prima facie, there is material on record to proceed against the applicant.