SULTANHUSSAIN AKBARALI AGHARIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioners have filed this revision application u/s 397 read with Section 401 of the Code of Criminal Procedure, 1973 and challenged order dated 13-7-2005 passed by learned Presiding Officer, 3rd Fast Track Court, at Palanpur below application Exh. 14 in Sessions Case No. 57 of 2004.

(2.) According to prosecution, complainant Gulamali Vazirbhai and trustee Sharafathussain Kurbanhussain, Vice President Mohammadbhai Dosanbhai Sahu, Executive Committee Member Gulamali Mohmmadbhai Malpara and Mohmmadhussain Hugasiya etc. had assembled at Siya Isha Ashari Momin Jamat Iamamwada at 9-00 p.m. on 11-2-2002 in respect of dispute of land purchased earlier by Jamat. Mariyamben a partner of seller had filed a suit and obtained injunction and therefore to resolve that dispute the President and members of earlier Committee and other nine representatives were invited at Imamwada. Therefore, the petitioners came to Imamwada and were discussing the dispute. At that time petitioner No. 1 Sultanbhai Akbarali, petitioner No. 2 Mohammad Taki, petitioner No. 3 Hussainbhai stood up and started giving abuses to deceased Sharafathussain Kurbanhussain. Therefore the complainant and others asked them to keep silence, but they got enraged and assaulted Sharafatrhussain by giving fist and kick blows and petitioners No.4 to 9 rushed towards Sharafathussain saying "kill him" with a view to assault him. The petitioners No.1 to 3 namely Sultanhussain, Mohmmad Taki Akbarali Aghariya and Hasanali Gulamali Sunsara mounted on Sharafathussain. Therefore, complainant and others tried to rescue him but saw that Sharafathussain had died.

(3.) On the basis of complaint lodged by Gulamali offence was registered as I CR No. 8 of 2004 before Palanpur Taluka Police Station for the offences punishable u/ss 302, 143, 323, 504 and 149 of the I.P. Code and investigation was started. On completion of investigation charge sheet was laid before learned J.M.F.C., Palanpur for the aforesaid offences against the petitioners. As the offences were exclusively triable by Sessions Court, the case was committed to Sessions Court, Banaskantha at Palanpur and it was registered as Sessions Case No. 57 of 2004. The petitioners gave application Exh. 14 u/s 227 of the Code of Criminal Procedure, 1973, inter-alia, contending that the petitioners have not committed the offences and false charge sheet is filed against them; that the petitioners were called at the meeting to resolve the dispute pertaining to land and alleged incident occurred during the discussion; that there was no intention on the part of the petitioners to commit offence; that there is no evidence to indicate that injuries were caused with a knowledge that such injuries were likely to cause death;. It is further contended that postmortem report does not indicate any external injury and the cause of death is cardio-respiratory failure due to acute myocardial infarction; that the deceased died due to natural death and therefore no offence punishable u/s 302 of the I.P. Code is made out and therefore the petitioners are required to be discharged for the offences punishable u/s 302, 143 and 149 of the I.P.C.