STATE OF GUJARAT Vs. JAYSINH AJITSINH CHAUHAN

JUDGEMENT

(1.) Pabjibhai, prisoner in Sub-Jail, set himself on fire on 28.3.1999. In that condition, he ran towards gate of the Sub-Jail. Police guards, jail inmates and other tried to save him by throwing quilt, using water and sand etc. All their attempt to save him failed. Pabjibhai fell down on the road and died. Pabjibhai & others about half dozen prisoners were arrested on 3.3.1999 in connection with an offence registered as I-C.R.No.14 of 1999 before Sami Police Station for offence under Sections 302 and 114 of IPC. Since 4.3.1999 they were in judicial custody. The present case for offence under Section 306 of IPC arose as under :

(2.) Criminal Case No.488 of 1999 was committed by the Sami Court and same was registered as Sessions Case No.426 of 2002. PSI accused has filed an application for discharge (Exh.5). Learned Addl. Sessions Judge, after hearing the State and the accused, was pleased to allow the application. The principal ground, inter alia, is that sanction for prosecution as contemplated under Section 197 of the Cr.P.C. is not obtained by the complainant. Hence, the accused deserves to be discharged.

(3.) Before referring to the finding of the learned Addl. Sessions Judge and submissions of learned advocates for the parties, a reference may be made to the case law on the point.