STATE OF GUJARAT Vs. GULAMNABI ALIAS FAKIR MOHMAD

JUDGEMENT

(1.) The controversy in this acquittal appeal is who is responsible for acquittal of two accused ? The prosecution Agency for want of prosecution as held by the trial Court ? of the trial Court for `want of fair trial to the prosecution as submitted by the appellant State.

(2.) The above acquittal appeal arises out of the judgment and order dated 3/10/1980 in Criminal Case No. 679 of 1980 passed by the learned J.M.F.C. Rajpipla (for short hereafter referred to as the trial Court) whereby the respondent accused No. 1 Gulamnabi @ Fakir Mohmad and Accused No. 2 Bashirkhan Nawazkhan game to be chargesheeted for the offences punishable under Secs. 453 114 and 506 of I.P.C. came to be acquitted on the very threshold of the trial on the ground of want of prosecution.

(3.) Briefly the prosecution case as disclosed from the complaint filed by the complaint Gulamrasul Mohmadbhai Qureshi is that the complainant is doing a business in the name and style of Firoz Cutpiece Centre at Rajpipla. And for this he had taken on rent a house from one Chunilal Motilal Pancholi for being used as a godown by him. On 14/02/1980 the said complainant had gone to Vadodara and Dabhoi to attend some social functions. On 15/02/1980 when he returned to Rajpipla he came to know that the aforesaid two accused persons had broken open the lock on godown and had forcibly entered into it committing a criminal trespass and therefore the complainant approached the said accused persons making grievance for the alleged illegal action whereupon both of them administered threat of death to the complainant by saying do your worst we are not going to handover the possession of the godown and will also dispose of the goods which were lying therein. As a result of this a complaint came to be filed against both the accused on 16/02/1980 before P.S.I. Rajpipla. The police thereafter investigated the case and submitted a chargesheet against the accused persons for the offences under Secs. 453 114 and 506 I.P.C. to stand the trial.