STATE OF GUJARAT Vs. PATEL RASIKBHAI & 16

JUDGEMENT

(1.) 1.0. Today, when the present appeal is taken up for final hearing, Shri A.J. Patel, learned advocate for the accused has stated at the bar that relying upon the affidavit affirmed by one Manubhai Shankerbhai Patel original accused no.4 respondent no.4 herein that the respondent nos. 1,3, 5, 8, 9, 10, 11, 12, 14 and 16 have died during the pendency of the present appeal. He has stated that he has been able to get the death certificate of respondent no.1,3,8,9,11, 14 and 16. In view of the above, present appeal is dismissed as having been abated so far as respondent nos. 1, 3, 5, 8, 9, 10, 11,12 and 14 are concerned.

(2.) 2.0. Feeling aggrieved and dissatisfied with the impugned judgment and order of acquittal passed by the learned Assistant Sessions Judge, Mehsana in Sessions Case No. 173 of 1990, by which, the learned trial Court has acquitted the respondents herein - original accused for the offences punishable under Sections 147, 148, 149, 223, 436 and 427 of the Indian Penal Code, the appellant herein has preferred present Criminal Appeal.

(3.) 3.0. The complaint came to be lodged by one Chandaben Ramabhai Vaghari against the present accused who were alleged to have been part of the mob of 500 people, who had gone to the hut of the complainant and her relatives. They had set ablaze huts and they had pelted stones and they had sticks on their hand and had caused loss to their property. According to the complaint at Exh.52/2, the incident occurred at evening 5.00 clock and 13 huts were set ablaze. On the basis of the complaint which was given by the complainant, the police machinery was come into motion. The said complaint was registered as FIR being CR. No. 36 of 1989. On finding prima facie case, the police submitted charge sheet before the Court of Judicial Magistrate and as the case had exclusively triable by the Court of Sessions, the case was committed to the Court of Sessions under Section 209 of the Code of Criminal Procedure.