Decided on July 23,2008

Koli Mohan Shardul Respondents


- (1.) THE present appeal has been filed by the State of Gujarat against the order of acquittal dated 26.9.1986 passed by the Assistant Sessions Judge, Junagadh in Sessions Case No.58 of 1985.
(2.) THE facts, in brief, are such that it is the case of the prosecution that complainant -P.S.I. Kesarbhai Chaudhari (PW 3) alongwith other Police officers had to carry out a prohibition raid at Sejdivadi village on 2.1.1998 at about 7.45 p.m. As no liquor was found in the village, the raiding party had gone to Nava Bandar Custom Chowky and had reached there at about 7.30 p.m.
(3.) THE panch witnesses were called and they were informed by the raiding party about the purpose of their visit. At that point of time, the police officers saw one person carrying a cane of liquor and they, immediately, chased and arrested him. On inquiry, the arrested person disclosed his name as Mohan Shardul, accused No.1. Thereafter, the police party alongwith the panch witnesses got on board a boat alongwith the arrested accused. About 8 - 10 persons also got on the boat and inquired from the raiding party as to why they were taking away their owner. The police party appraised them of the reason for arrest of accused Mohan. They were also instructed not to interfere with their official work. The persons who subsequently got on board asked the police to release accused Mohan. As the police refused to release Mohan, accused No.2 Koli Bhikha alias Ghela Jetha gave a blow on the head of PSI Chaudhari with a sailing oar. The other accused persons, thereafter, gave stick blows to PSI Chaudhari and other police officers and the panch witnesses. During the scuffle, accused No.2 gave a push to PSI Chaudhary. As a result of which, he fell over the boat into the water. Some other police officers, who were standing nearby, saw the incident and rushed to the rescue of the raiding party and also fired two rounds from the service revolver to disperse the assailants. Thereafter, the complaint was lodged against 10 accused persons for the offences punishable under Sections 147, 148, 149, 307, 332 and 353 read with Section 34 of the Indian Penal Code.;

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