STATE OF GUJARAT Vs. MUKESHKUMAR TEJSINH JADAV

JUDGEMENT

(1.) The appellant State of Gujarat has preferred the present appeal under Sec. 378(1)(3) of the Code of Criminal Procedure, 1973 against the judgment and order of acquittal dated 4th Jan. 2005 rendered by the learned Presiding Officer, 3rd Fast Track Court, Nadiad in Sessions Case No.134 of 2003, whereby the learned Trial Court has been pleased to acquit the respondents-accused.

(2.) The short facts giving rise to the present appeal are that due to Sabarmati train carnage, communal riots have been spread over in most of the cities and towns within the State of Gujarat. In continuation of aforesaid incident, on 3rd March 2002 at about 10.45 A.M. at village Kanij situated in Taluka Mahemdabad a mob of nearly 200-250 persons forming unlawful assembly indulging into rioting came with deadly weapons and destroyed the houses of Muslim community in order to take revenge of Godhra incident and thereby damaged the houses of persons belonging to Muslim community and during that course of action one Jakirhussain Rasulmiya Khokhar came to be inflicted with severe injury and who succumbed to the said injuries and thereby all the persons, who assembled unlawful assembly, committed offence punishable under Sections 147, 148, 149, 435, 436, and 302 read with Section 120 B of the Indian Penal Code and under Sec. 135 of the Bombay Police Act. Therefore, a complaint was lodged on 3rd March 2002 before the Mahemdabad Police Station, for the alleged offences.

(3.) In pursuance of the complaint, the Investigating Officer carried out the investigation and filed the chargesheet against the accused persons. As the case was triable by the Court of Sessions, the case was committed to the Court of Sessions which was numbered as Sessions Case No.134 of 2003.