STATE OF GUJARAT Vs. MALEK IMTIYAJKHAN ALIKHAN

JUDGEMENT

(1.) THE present appeal, under section 378 of the Code of the Criminal Procedure, 1973 is directed against the judgment and order of acquittal dated 23. 10. 2008 passed by the learned 2nd Additional Sessions Judge, Patan in Sessions Case No. 26 of 2007 whereby the accused have been acquitted of the charges leveled against them.

(2.) THE brief facts of the prosecution case are as under: 2. 1 On 22. 8. 2008 at 9:30 a. m. , the complainant and other Governments officers and laborers were removing blockage in the way of drainage pipeline situated near Ghanchi Graveyard, Mira Darwaja Road, at Radhanpur. At that time, a mob of 500 persons forming unlawful assembly came there with deadly weapons and pelted stone and caused grievous hurt to the complainant and other witnesses. Inspite of warning from Police personnels, they continued obstructing public servants and caused damages to the government vehicles. Therefore, the Police personnel resorted to Lathicharge and also burst teargas and fired in the air. While running away from the scene of offence the members of unlawful assembly tried to snatch away rifle from the SRPF personnels and committed rioting and also broken the gas gun and looted the same. Therefore the complaint came to lodged against the accused.

(3.) NECESSARY investigation was carried out and statements of several witnesses were recorded. During the course of investigation, respondents were arrested and, ultimately, chargesheet was filed against them.