SIKANDARBHAI DAUDBHAI KANKROLIA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) HEARD learned advocate Mr. J. A. Pathan for learned advocate Mr. M. A. Kharadi for the petitioner, learned advocate Mr. B. D. Karia for the respondent Nos. 2 to 6 and learned APP Ms. Jirga Jhaveri for respondent State.

(2.) THE petitioner herein is complainant, whereas respondent Nos. 2 to 6 are original accused and respondent No.1 is prosecuting agency before the Sessions Court, Sabarkantha, camp at Modasa in Sessions Case No. 6 of 2003, wherein impugned judgment and order dated 23.07.2003, the Sessions Court has acquitted all the accused from the charges leveled against them under Sections 147, 148, 149, 302 and 201 of the Indian Penal Code read with Section 135 of the Bombay Police Act.

(3.) THE sum and substance of the charges leveled against the accused are to the effect that they all had conspired together after the unfortunate Godhara incident on 2/3 03 2002 and attacked on the deceased Daudbhai Rasulbhai Kankrelia and Sulemanbhai Rasulbhai Kankrelia with deadly weapons and threw them in well after killing them. Pursuant to such incident, Modasa (Rural) Police has investigated the offence and filed a charge sheet, whereupon accused have charged and tried but acquitted by impugned judgment.