LAWS(GJH)-2013-2-24

SHARIFBHAI VAJERBHAI Vs. STATE OF GUJARAT

Decided On February 07, 2013
Sharifbhai Vajerbhai Appellant
V/S
STATE OF GUJARAT Respondents

JUDGEMENT

(1.) The petitioner herein is a victim of unfortunate incident taken place after Godhra incident in the year 2002. The petition is against the judgment of acquittal dated 4.4.2007 passed by Presiding Officer of 5th Fast Track Court, Palanpur in Sessions Case No.108 of 2002. The sessions triable offences were registered at Vadgam Police Station with reference to C.R.No.I-19 of 2002 on 2.3.2002. After investigation of the offence, the investigating agency has filed chargesheet before the concerned Magistrate, which was ultimately, committed to the Sessions Court for the offences punishable u/ss.143, 147, 148, 149, 435, 436, 188, 337 and 325 of the Indian Penal Code r/w.Section 131 of the Bombay Police Act.

(2.) The sum and substance of the argument by the learned advocate for the applicant Mr.Shah was to the effect that this being revision against an order of acquittal the Court may remand the sessions case for retrial so as to convict the accused. Since the sum and substance of argument is for retrial of the sessions case, it has been proceeded further even in absence of respondents No.3 and 4, since they are duly served.

(3.) In addition to submissions on behalf of petitioner as well as respondents, record and proceedings of the original Sessions Case No.108 of 2002, which is received from the trial Court has been perused by the Court.