STATE OF GUJARAT Vs. RAVJIBHAI MANGALBHAI VAGHELA

JUDGEMENT

(1.) The appellant State of Gujarat has preferred the present appeal under Section 378(1)(3) of the Code of Criminal Procedure, 1973 against the judgment and order of acquittal dated 2nd April 2005 rendered by learned Joint District Judge And Presiding Officer, 7th Fast Track Court, Nadiad in Sessions Case No.26 of 2003, whereby the learned Trial Court has been pleased to acquit all 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 27.02.2002 at about 13:30 to 15.00 hours the incident has taken place in which a mob consisting of about 150 to 200 people have gathered with weapons like Dharia, axe, pipe, sticks etc., and assaulted upon the houses and properties of Muslim community viz. the complainant and prosecution witnesses and set the houses on fire as well as damaged the houses and properties worth lacs of rupees. Deceased namely Nabimiya Saidumiya Saiyed had received an injury on his head and died on the spot and Imammiya Nabimiya Sayed also killed by the mob with causing serious injury to him. The complaint was lodged by Mustufaali Nabimiya Sayed son and brother of deceased before the Mahemdabad Police Station on 02.03.2002 under Sections 147, 148, 452, 436, 435, 427, 295, 302, 307 read with Section 149 of the Indian Penal Code and Section 135 of the Bombay Police Act.

(3.) After completion of the investigation charge sheet was filed against all accused persons and thereafter, charge was framed against them for the offences punishable under sections 147, 148, 452, 436, 435, 427, 295, 302, 307 read with Section 149 of the Indian Penal Code and section 135 of the Bombay Police Act. The accused pleaded not guilty to the charges and claimed to be tried and 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.26 of 2003.