RANJITBHAI HEMUBHAI GOHIL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) RULE. Learned A. P. P. Mr. S. P. Hasurkar waives service of rule on behalf of the respondent no. in Criminal Misc. Application no. 14865/2007.

(2.) BRIEF facts leading to the filing of the present Criminal Misc. Applications are that on 7-8-2007 at about 10. 00 a. m. while he was proceeding to his place of work, he happened to see his uncle Manubhai Gohil surrounded by the present respondent nos. 2 to 6-accused and other five accused who were armed with deadly weapons and all of a sudden all these accused persons assaulted his uncle with such deadly weapons resulting which his uncle had died. In connection with this incident, the present applicant-complainant lodged complaint before Joravarnagar Police Station for the offences punishable under Sections 302, 147, 148, 149 and 120b of the Indian Penal Code on the very same day i. e. 7-8-2007 which came to be registered as CR no. I-122/2007. Upon filing of such complaint, two of the accused were arrested but the respondent nos. 2 to 6-accused were found absconding and not traceable.

(3.) THE applicant then moved Special Criminal Application no. 1853/2007 seeking fair investigation which is still pending. During the course of investigation, the Investigating Officer moved the concerned Magistrate and the respondent nos. 2 to 6 were declared as absconders and also issued warrant against them. The learned Magistrate also directed the Investigating Officer to issue a proclammation in writing for proclaiming the present respondent nos. 2 to 6 as absconders under Section 82 of the Cr. P. C. On 5-11-2007.