JUSABBHAI JUMABHAI KHATRI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) RULE . Service of rule is waived by Ms. Jhaveri, Ld. APP for respondent no. 1 and Mr. Ashish Dagli, Ld. Advocate for respondent nos. 2 to 8.

(2.) THE petitioner is original complainant before the B Division Police Station, Jamnagar, where on 7/1/2014 he lodged a complaint being C.R. No. I - 03/2014 for the offences punishable under sections 143, 147, 148, 149, 323, 324, 326, 307, 504, 506[2] of the Indian Penal Code [IPC], under section 135[1] of the Gujarat Police Act and section 25[1][a] of the Arms Act. Such complaint is against as many as 10 persons whose names are very well disclosed in column no. 7 of the FIR and amongst them, except accused nos. 1 and 8, are respondents herein since the petitioner has prayed to cancel their bail granted by the Ld. 6 th Addl. Sessions Judge, Jamnagar, on 27/1/2014 in Criminal Misc. Application No. 30/2014.

(3.) THE sum and substance of the complaint is to the effect that on 7/1/2014 when the complainant was at his home in his village and when they have to move for engagement of his grandson, accused no. 1 had some quarrel with the son of the complainant and in short time, he came back with other accused, who are armed with knife, cudgal, pipe, stick and Tamancha. It is stated in the complaint that all of them started to beat the complainant. Amongst them, respondent no. 4 Gulam Osman has given a blow with pipe on the head of the complainant, whereas respondent no. 2 Akbar Husain Ibrahim has given a blow with knife on his right hand, whereas respondent no. 5 Sabbir Osman has given a blow with knife to grandson of the complainant, namely Afjal Gafar; whereas respondent no. 3 Habib has also beat son of the complainant - Afjal Gafar with cudgal and respondent no. 4 Gulam Osman has given blow with pipe on the head of the son of the complainant, namely Habib; whereas respondent no. 7 - Kasam Husain has beaten Habib with stick and respondent no. 8 has thrown stones. All other persons had also abused the complainant and his family and because of such attack, the complainant, his son Habib and grandson Afjal Imran fell down on the ground. It is further stated that all the accused had given threat to kill all of them and at that time respondent no. 8 - Abbas Husain and respondent no. 4 - Gulam Osman were having Tamancha with them, but though they have taken out the Tamancha from some distance, it was not fired. It is further stated that thereafter they all were taken to Jamnagar Hospital, where stitches were taken on his head and bandage was applied on hand. It is further stated that treatment of bandage was also given to Imran Habib, who was having grievous injury on his head and hence he was admitted in the hospital of Dr. Rupereliya. It is further alleged that all the accused had damaged his car at the place of the incident.