AKBARKHAN ABBASKHAN PATHAN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Learned APP Shri Prachchhak waives service of Rule in both the Applications. Both these Applications are disposed of by this common order as they are filed in above common Appeal where both the Applicants were the Appellants.

(2.) The young boy Vijay Rawat, son of Police Inspector, waiting for the AMTS Bus on the Bus Stand, situated near Triangle Garden, Mirzapur, Ahmedabad, was stabbed during communal riots broken-out in Ahmedabad on 26.7.1999.

(3.) All the accused came to be arrested after a period of almost 6 months i.e. on 18.1.2000. The present Applicants - accused, along with two other accused, viz. (i) Sirajuddin @ Seriyo, son of Sherubhai Kureshi, (ii) Sultankhan Masitkhan Pathan, were tried for the offences u/s. 302 read with Castes and Scheduled Tribes (Prevention of Atrocities) Act (for short "the Act") and also u/s.135(1) of the Bombay Police Act, before the Court of learned Addl. Sessions Judge (Special Judge), Ahmedabad, in Special Criminal Atrocity) Case No.34 of 2000. The learned Judge gave benefit of doubt to original accused No.4 - Sultankhan Masitkhan Pathan and acquitted him for the offences for which he was charged. However, she came to the conclusion that the prosecution proved its case against all the three remaining accused, viz. (i) Sirajuddin @ Seriyo, (ii) Mehmoodmiya, and (iii) Akbarkhan and accordingly convicted them for the offences u/s.302 read with Sec. 120(B) I.P.Code and also for the offence u/s.3(2)(v) of the Atrocities Act and sentenced them to suffer Life Imprisonment for the major offence u/s.302 I.P.C. by her Judgment and order dated 22.10.2001.