CHOTEY KHAN Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THIS criminal appeal under Section 374 (2) of the Code of criminal Procedure has been filed by the appellants being aggrieved by the impugned judgment, finding and sentence dated 29. 10. 1998 passed by 9th Additional Sessions Judge, bhopal in S. T. No. 393/97 whereby the appellants have been convicted under Section 148 of I. P. C. and sentenced to R. I. for 1 year each with fine of Rs. 1000/- in default of payment of fine S. I. for 6 months.

(2.) PROSECUTION case in short is that on account of demolition of Babri Mosque on 06. 12. 1992 the armed pickets were deployed in Bhopal city at the sensitive places for maintaining law and order. On 07. 12. 1992 G. S. Rajpoot, Sub Inspector Police of police Station Jahangirabad along with other staff was deputed at Ashbagh Police Help Centre. On that day at 9:00 a. m. the curfew was imposed in the city. At about 11:00 a. m. mob of 150-200 persons of Muslim community came there. They were armed with deadly weapons such as swords, farsa, ballam, countrymade pistols, petrol bombs etc. They were shouting provocative slogans. They destroyed and damaged the shops of the persons of Hindu Community. They also looted shops. They were proceeding towards Ashbagh Colony where the majority of Hindu community reside. Complainant reached at ashbagh gate and warned them that the curfew is in force hence return back to their houses. They did not pay any heed, used filthy languages and threatened to kill them. They started pelting stones and threw petrol bombs. The police fired in air with intend to disperse them. They set on fire the motorcycle, scooter and moped belonging to complainant G. S. Rajpur, kanhaiyalal, Head Constable and Chunnilal. Thereafter 5 round fire was done in air by constable Kailash to disperse them on account of which they ran away. The arms, stones etc left by them were seized from spot. They looted the shops and damaged Shiva Temple. The complainant identified Chanda S/o raheem, Saleem Badebal Wala, Saleem Mota, Akhtar, Achchhe saeed, Sheru, Bhura Tangewala, Guthli, Guddu Akbar etc. Dehati Nalisi was written by him accordingly. Crime No. 0/92 under Sections 395, 397, 436, 427 and 307 of I. P. C. was registered. On the basis of this Dehati Nalisi Crime No. 970/92 was registered at police station Jahangirabad. Three burnt vehicles were seized from the spot. Spot map was prepared. One unknown person aged about 32 years also died in this incident. According to postmortem report his death was due to shock and hemorrhage as a result of firearm injury caused by rifled gun from distant range and was homicidal in nature. The statements of the witnesses were recorded. After completing investigation charge sheet was filed in the Court of J. M. F. C. Bhopal who committed the case to the Sessions Court for trial.

(3.) ACCUSED persons were charged under Sections 148, 436/149, 295/149, 395/149 read with Section 397 of I. P. C. They denied the guilt and claimed to be tried mainly contending that they are innocent and have been falsely implicated. Prosecution examined as many as 10 witness whereas the accused persons did not examine any witness in their defence. After appreciating the evidence trial Court acquitted the appellants from the charge under Section 436/149, 295/149, 295/149 read with Section 397 of I. P. C. but found them guilty under Section 148 I. P. C. and sentenced thereto as stated hereinabove in para no. 1 of this judgment. Being aggrieved by the impugned judgment, finding and sentence, the instant appeal has been preferred by the appellants on the grounds mentioned in the memo of appeal.