ZIAUL HAQ Vs. STATE AND ORS.

JUDGEMENT

(1.) This is a revision by the complainant Ziaul Haq, in the cross -case relating to the occurrence, which took place on 13 -8 -1962 at about 7.30 P.M. in mohalla Mulla Tola in the town of Jaunpur, when the Sunnis were taking out their procession of Shabe -Veladat. The procession was accompanied by the Station Officer and strong posse of police and P.A.C. men. Shri V. Saran (P.W. 12), Magistrate I Class, had been stationed at the Kotwali, in order to see that law and order was maintained and that no untoward incident occurred and if necessary, rush to the spot to restore peace and order. Naturally the Shias did not join that procession.

(2.) The prosecution case is that when the procession reached near the houses of the Shias, some miscreants started pelting brick -bats both from the house tops as well as from either ends of the procession, as a result whereof as many as eight processionists received injuries. P.W. 13 Dr. R.G. Lal examined the injured persons and found their injuries to be simple in nature.

(3.) As soon as brick -bat throwing started, a message was sent to the Magistrate, who rushed to the scene. P.W. 1 Ziaul Haq presented a written report to the Station Officer at the spot, containing the names of 24 accused, who are opposite parties to the instant revision. The Magistrate then ordered the police to arrest the persons found throwing brick -bats and creating disturbance. As a consequence, as many as nine accused were arrested on the spot, while the others were arrested later on. Apart from the complainant and other eye witnesses of the public, P.W. 12 Shri V. Saran, Magistrate I Class, P.W. 10 K.C. Behari, Station Officer, Kotwali, P.W. 11 Ram Lochan and P.W. 16 Chandrika Pandey constables were also produced to prove the prosecution case. They have given eye witness's account in their respective depositions.