STATE OF GUJARAT Vs. NASHIRKHAN AHMEDKHAN PATHAN

JUDGEMENT

(1.) This is an appeal preferred by the State of Gujarat, under Section 378 (3) of the Criminal Procedure Code, 1973, against the judgment and order of acquittal dated 30.5.2006, recorded by the learned Additional Sessions Judge, Court No.8, Ahmedabad, in Sessions Case No.262 of 2003.

(2.) It is the case of the prosecution that due to aftermath of infamous Godhra carnage incident, communal riots erupted in the State of Gujarat and in sequel to that on 5.5.2002, nearby Municipal Staff Quarter, Shahpur, Ahmedabad, within the jurisdiction of Madhavpura Police Station, at about 10:30 a.m., by forming unlawful assembly, a mob of 1800 persons gathered holding deadly weapons for the purpose of destroying public properties and defying the other community. During that period, respondent No.1 Nashirkhan Pathan with other accused persons assaulted one Kamlesh Purshottambhai Sharma PW 7 with knife and caused serious injuries to PW 7 and also destroyed public property nearby the area of Municipal Quarters and destroyed a rifle butt of a police constable. Accordingly, a complaint for the offences punishable under Sections 143, 147, 148, 153(1), 307, 336, 327 read with Section 149 of the Indian Penal Code and under Section 135(1) of the Gujarat Police Act and Sections 3 and 4 of the Explosive Substance Act was lodged before Madhavpura Police Station.

(3.) In pursuance of the aforesaid complaint, the Police recorded statements of the witnesses and after completion of investigation, filed charge-sheet which came to be committed to the learned trial Court. After conclusion of trial and hearing, the learned trial Court acquitted the accused respondents from all the charges levelled against them.