MAKBULHUSSAIN MEHBOOBALI SAIYED Vs. STATE OF GUJARAT

JUDGEMENT

(1.) BY way of this Criminal Revision Application, the petitioner -original complainant had challenged the judgement and order dated 21.05.2007 passed by Additional Sessions Judge, Ahmedabad in Sessions Case No. 234 of 2000 whereby the Sessions court has acquitted respondents no. 2 to 4 - original accused nos. 2 to 4 for the offences punishable under section 143, 147, 148, 302 read with Section 149 of Indian Penal Code.

(2.) IT is the case of the complainant that on 11.08.1996 at about 09.00 pm when the complainant was passing in front of the house of one Hamidkhan Pathan, original accused nos. 2 to 4 attacked him with sward and caused injury on the shoulder of the petitioner - original complainant. The petitioner, therefore, ran to Seema Decoration which was near his house and informed his friends about the assault. It is the case of the complainant that original accused no. 1 fired four rounds from his gun towards the complainant and his friends which resulted into death of one Sakhavatkhan Pathan and about 7 to 8 persons sustained bullet injuries. Therefore, a complaint in this regard was registered with Gomtipur Police Station vide C.R. No. I -169/1997 under sections 307, 302, 324, 120(B) of Indian Penal Code and Section 25(1)(A) of the Arms Act and under section 135(1) of B.P. Act. After carrying out investigation, charge sheet was filed and the case being triable by the court of Ld. Magistrate, the same came to be tried and was registered as Criminal Case No. 2884 of 1988.

(3.) MR . Shaikh, learned advocate appearing for the petitioner is not present even in the third call.