MUKESH DOLATRAM HARJANI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By filing this revision application under Section 397 of the Criminal Procedure Code, the applicant, who is original accused No.2 of Sessions Case No.305/2005 has challenged the judgement and order passed by the learned Presiding Officer, Fast Track Court No.VII, Vadodara, by which Criminal Misc. Application No.11/2006 filed by the applicant in the aforesaid sessions Case was dismissed.

(2.) Facts leading to the present petition are as under :

(3.) One Pradip Bachurao Nilhude had filed a complaint against the applicant and six other accused before the police. Said complaint was registered on 14-9-2000 in connection with offence punishable under Section 302 of the Indian Penal Code read with Section 34 of the Indian Penal Code and also for the offence punishable under Section 25 (1) (c) of the Arms Act. One Sunil, who was the son of Murali Ramchandra Nagdev was subjected to fatal shot. The person, who fired the shot was sitting on the pillion seat of the vehicle, namely, Yamaha motor bike. The vehicle number was disclosed as GJ-1-9227, however, the assailants fled away. It seems that initially the police has filed A-Summary report but, thereafter, in connection with some other case accused No.1 was arrested and he confessed about the crime committed with regard to the present case and, therefore, he was arrested on 25-1-2005. He was also granted remand as per the request of the investigating authority. Subsequently, since the name of the applicant was also disclosed by accused No.l during interrogation, the applicant was arrested and produced before the Court and even remand was granted so far as present applicant is concerned. At present the applicant is an under trial prisoner in connection with the aforesaid Sessions Case.