STATE OF GUJARAT Vs. MANZOORALI ALIBAX

JUDGEMENT

(1.) Being aggrieved and dissatisfied by the judgment and order dated 4th December, 1984 passed by the City Sessions Judge, Ahmedabad, on Ex. 65 in Sessions Case No. 7 1984 directing the prosecution to examine as prosecution witnesses (1) Mr. Patil and his associates who might have taken active part in the investigation carried out in Rajasthan, (2) the Executive Magistrate who had held the identification parade and who should be asked to appeal before the Court with the identification parade panchnama and (3) the Handwriting expert, whose report has been produced, the State has filed this revision application challenging the said order.

(2.) It is the prosecution case that the incident took place on 24-2-1984 at Ahmedabad wherein one Allauddin was murdered. It is alleged that the accused No. 1 Manzoorali had a motive to do away with the deceased as he was allegedly running gambling dens and was doing business in illicit liquor and was the police about his illegal business and at his instance the police was frequently raiding his premises and lodging cases against him. It is alleged that he in company of other four accused came near the shop of the sons of the deceased. The deceased was sitting on the chair in front of the shop on the footpath. There accused No.1 exhorted accused No.2 to kill the deceased and in pursuance thereof accused No.2 fired shots from the revolver which caused instantaneous death of the deceased. Thereafter all the accused tried to run away but accused No 2 was apprehended by two plain-dressed Police Constable while the rest of the accused succeeded in escaping. This incident was witnessed by number of witnesses and the prosecution has examined 13 persons as eye-witnesses.

(3.) It is the defence of the accused No: 1 that he was arrested by the police attached to Kotda Chhavani in Rajasthan on 18-2.1984 for the offence punishable under section 41 read with section 109 of the Criminal Procedure Code and other offences. This place is situated on the border of Gujarat and Rajasthan States. After his arrest he was kept in Udaipur Jail and was ultimately released on bail on 27-2-1984. It is the defence therefore that on the relevant day of the incident i.e. 24-2-1984 he was in Udaipur Jail and, therefore, be has nothing to do with the murder of Allauddin and he has been falsely implicated.