STATE OF GUJARAT Vs. JESUKH PUNA

JUDGEMENT

(1.) This Criminal Appeal is preferred by the State under Section 378 of the Code of Criminal Procedure against the judgment and Order delivered by Additional Sessions Judge, Third Fast Track Court at Veraval, on 8th of April, 2004, in Sessions Case No. 244 of 1999, whereby the Trial Court acquitted all 26 accused of the charges levelled against them under Sections 147, 148, 149, 337, 307, 332 and 225 of the Indian Penal Code as well as for the offence punishable under Section 135 of the Bombay Police Act. The State has preferred Appeal against six respondents out of 26 accused acquitted and those six accused are respondents in this Appeal.

(2.) We have called for the Record and Proceedings from the Trial Court and the same is available with us. Learned Advocate for the respondents Mr. Dharmesh D Nanavati and learned APP Mr. I.M. Pandya have provided this Court with necessary copies of the evidence and documents. Appeal is required to be heard finally and upon the request of learned Advocates for the parties, the Appeal is Admitted and learned Advocate Mr. Dharmesh D Nanavati waives service on behalf of the respondents.

(3.) Briefly as per the prosecution case, the incident in question occurred on 29th of August, 1996. A crime was registered before Una Police Station, being Crime Register No. I-201/96, against three accused for the offence punishable under Section 3(1)(10) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989. Those three persons belonged to village Gangda. On the crime being registered, Police Sub-Inspector of Una Police Station had been to village Gangda to arrest the accused with complainant of that case, named as, Virji Jivan. On that day, at 18.15 hours, from village Gangda, accused persons Shardul Nathu Garvi and Dhiru Amra Gohil and third accused, were arrested and were being brought to Una Police Station in a police jeep with police personnel and Police Sub-Inspector Jethva. Thereafter the P.S.I. had been to other village for other investigation and from there PSI Jethva instructed Police Constable Amirkhan Alikhan and Police Constable Ramji Hamir to take three accused of said Atrocity Case to Una Police Station and, therefore, Driver of the Jeep, complainant Virji Jivan, Police Constable Amirkhan Alikhan and Police Constable Ramji Hamir started to go in jeep towards Una. While they were passing near bus stand of village Gangda, at about 19.10 hours, they found a crowd of 500 to 700 persons and they attacked the police jeep and got freed the three accused from the arrest of the police. Both the Constables and complainant Virji Jivan were beaten by the said crowd. Jeep Driver and both the Constables came to Una Police Station and reported the incident to P.I. Mr. Kara, and on receiving this information, P.I. Kara along with police mobile van and with police personnel, namely, Head Constable Y.D. Purohit, Police Constable Alabhai Karnabhai, Police Constable Dilipbhai Ravatbhai, Police Constable Rajanikant Bansidas, Police Constable Badhabhai Danabhai, Police Constable Nathubhai Desaibhai, Police Constable Jagjivan Mulubhai, Police Constable Parshottam Mopabhai and Police Constable Amirkhan Alikhan, started going towards village Gangda. At 20.30 hours, they again arrested the accused of the Atrocity case, namely Shardul Nathu Garvi and Dhiru Amra Gohil and while they were passing through the village Gangda at about 20.30 hours, a crowd gathered there and started pelting stones on police personnel and on the vehicles of the police. The persons in the crowd had dharia, spears and sticks with them. P.I. Kara had received injuries and six police personnel also received injuries in the said incident. Police ordered lathi charge but the crowd was not dispersed and, hence, P.I. Kara ordered firing. After firing of four rounds in the air and two rounds towards the crowd, the same was dispersed and it could not be ascertained at that time whether any person of the crowd was injured. However, Police Constable Parshottam Mopabhai, Police Constable Alabhai Karnabhai, Police Constable Dilipbhai Ravatbhai and Jeep Driver Bhikhubhai Ramjibhai Gohil were injured in the said conflict. After giving complaint by Kara about this incident, a crime was registered and investigation was carried on by Police Inspector Kara and thereafter a charge sheet came to be filed in all against 30 accused for the above said offences. Out of them four had died. The case was committed to the Court of Sessions at Junagadh and a charge was framed against all the accused persons vide Exhibit-5 on 17th of November, 2003 by learned Additional Sessions Judge and 4th Fast Track Court at Veraval and all the accused pleaded not guilty. Hence, prosecution examined as many as 18 witnesses and produced on record voluminous documents.