MANNALAL TARACHAND THAKORE Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Since common questions have arisen between the common parties in these two appeals filed by the appellant- complainant under the provisions of Section 378 of the Code of Criminal Procedure, 1973 ('the Code' for short), they are being disposed of by this common judgment, upon a joint request.

(2.) With a view to appreciating the merits of both the acquittal appeals, the factual metrix giving rise to these appeals may be narrated first. The appellant is the original complainant. The respondents, other than the State of Gujarat, in both the appeals are the original accused persons. For the sake of convenience, they are referred to as the complainant and the accused persons.

(3.) The original complainant filed two criminal complaints before the learned J. M. F. C., Godhra contending that the accused persons are guilty of offences punishable under Sections 500, 501, 502 read with Section 114 of the IPC. Criminal Complaint No. 2425 of 1981 came to be filed against four accused persons who are respondents in Criminal Appeal No. 1497 of 1984. Original Accused No. 1 Chimanbhai Somabhai Patel is the editor of daily newspaper Sandesh; original accused No. 2 Falgunbhai Chimanbhai Patel is the printer and publisher of Sandesh newspaper; original accused No. 3 Mansukhlal Mohanlal Narkar is the reporter and correspondent of Sandesh newspaper and original accused No. 4 Ram Sajiwan Tiwari is the constable of railway protection force. Original accused No. 5 Chhaganji Mohanji Sainik is also a constable of the railway protection force. Thus, the first complaint was filed against five accused persons.