YUNUSBHAI GULABBHAI MEMAN Vs. RAMESHBHAI AMABHAI PATEL

JUDGEMENT

(1.) THE applicant is a resident of village Thuravas, Taluka ­ Vadali, District ­ Sabarkantha and is running a flour mill and grossary shop at village Thuravas. It is the say of the applicant that his house was damaged in an incident that occurred in reaction and response to the "Godhara" incident. It is also the say of the applicant that incident has occurred on 28.2.2002 at about 10.00 p.m. to 11.30 p.m. The complaint was lodged by one Abbas Pirbhai Mansuri. The police has recorded statements of the witnesses and after completing the investigation, had filed the charge-sheet for offence under Sections 147, 148, 149, 452, 436, 427 and 114 of the IPC and under Section 135 of the Bombay Police Act. The case was committed to Sessions Court and the learned Additional Sessions Judge, Himmatnagar had tried the Sessions Case No. 160 of 2003. Learned Sessions Judge was pleased to acquit all the accused by judgment and order dated 25.10.2004. Being aggrieved by the said judgment and order, the applicant has preferred present Revision Application.

(2.) IN the Sessions Court, the prosecution has examined 11 witnesses including 2 panch witnesses and one PSI.

(3.) HEARD learned advocate Shri Manoj Shrimali for the applicant, learned advocate Mr.Hardik Raval for HL Patel Advocates for respondent Nos.1 to 11 and learned Special Public Prosecutor Shri J.M.Panchal for respondent No.12.