SHAUKATHUSAIN CHANDA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This Criminal Revision Application is filed under Section 397 read with Section 401 of the Criminal Procedure Code, 1973 in order to challenge a judgement and conviction order recorded on 8-11-1995 by the learned Additional Sessions Judge, Panchmahal at Godhra in Sessions Case No.83/1993, under which the learned Judge convicted the present petitioner for an offence punishable under Section 332 of I.P.C. whereunder the petitioner was sentenced to suffer R.I. for six months. He was also directed to pay fine of Rs.1,000.00 and in default of payment of fine he was required to undergo further R.I. for one month.

(2.) The facts of the case of the prosecution before the Trial Court may be briefly stated as follows :

(3.) On 18-4-1990 at about 4 p.m. the original informant-Shankarbhai Patel working as Assistant Conservator of Forest was on his duty in a mobile squad. The said informant was on patrolling duty along with his police guards supplied by the Forest Department to him. When he was on his way to the said patrolling duty, he had gone to village Bhagidol then he proceeded on the way to Godhra. After crossing a passage of about 1 k.m. he stopped at a place with a view to check the vehicles coming and going thereby. After about 15 minutes, he found one tractor No.GJU 6456 with a trailor coming from village Bhagidol and proceeding towards Godhra, woods of Mahuda trees and branches were found loaded in the trailor of the said tractor. Four labourers were also sitting in the said trailor. The informant and the police personnel stopped the said tractor. At that time, three of the four labourers had run away. The said tractor was followed by a motor cycle, two persons were travelling on the said motor cycle. When they saw that the tractor was stopped by the informant, they took a turn and ran away towards Godhra. An inquiry was made from the driver of the tractor and there it was learnt that the said two persons running away on the motor cycle were the persons being the owners or occupants of the tractor. A further inquiry was made with respect to their names and addresses from the driver and the said labourers but they did not supply the said information to the informant. Then, inquiry was made from the driver of the tractor about the pass or permit for carrying the said woods but the driver of the tractor did not possess the same and therefore, the driver was directed to take the said tractor to Vejalpur Forest Depot, through village Bhagidol. Two police constables were directed to sit by the side of the driver of the tractor (so that the driver may not run away) and the labourer was required to sit in the jeep car of the informant. The tractor was required to go ahead and was followed by the jeep-car of the informant.