LAWS(GJH)-2008-7-451

STATE OF GUJARAT Vs. USMANGANI NOORMAHAMMAD SHAIKH

Decided On July 07, 2008
STATE OF GUJARAT Appellant
V/S
Usmangani Noormahammad Shaikh Respondents

JUDGEMENT

(1.) THERE was no assistance coming forth from the office of the Additional Public Prosecutor. The learned Additional Public Prosecutor not only in this case but in earlier case was not in a position to render any assistance when being asked as to what are the injuries and the damage done to the injured. He was merely shuffling the papers and rendered no assistance. Hence, we looked into matter ourselves and found that The complainant " Rajendra Mirajirao Kanade lodged a complaint stating inter -alia that he is residing at Bhukhara Mohalla, near Parsi Agiyari, Ahmedabad. He is serving in Calico Mills and he is residing with his uncle. He has further stated that about 15 -20 families of Maratha are residing in the said area. According to the complainant, on 19th July 1985 a mob consisting of 200 Muslims came and broke open the doors of the house of the complainant and they were armed with dangerous weapons like pipes, knifes, razors, etc. and they attacked Hindu families. Thereafter, complainant -Rajendra went to near temple of Mahadev. At that time accused no.8 was giving blows with razor to Vasantrao Narayanrao. After giving blows to V N accused No.8 went inside the crowd.

(2.) THE State feeling aggrieved by the said acquittal preferred the present appeal, which was admitted by this Court on 17th June 1987.

(3.) IT is a case of rioting wherein the number of accused persons, namely, 26 have been prosecuted for indulging into unlawful activity of rioting. Two injured have been named out which are recorded at page Nos.306 and 312, which read as under: -