CR.A/1129/1986 1/4 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD CRIMINAL APPEAL No. 1129 of 1986 For Approval and Signature: HONOURABLE MR.JUSTICE BHAGWATI PRASAD HONOURABLE MR.JUSTICE S.R.BRAHMBHATT ====================================== 1 Whether Reporters of Local Papers may be allowed to see the judgment ? 2 To be referred to the Reporter or not ? 3 Whether their Lordships wish to see the fair copy of the judgment ? 4 Whether this case involves a substantial question of law as to the interpretation of the constitution of India, 1950 or any order made thereunder ? 5 Whether it is to be circulated to the civil judge ? ====================================== STATE OF GUJARAT Versus USMANGANI NOORMAHAMMAD SHAIKH & OTHERS ====================================== Appearance : MR LR Pujari, APP for the Appellant MR SA BAQUI for Opponent(s) : 1 - 9,11 - 14,16 - 19,21 - 26. RULE SERVED for Opponent(s) : 10, 15, 20, ====================================== CORAM : HONOURABLE MR.JUSTICE BHAGWATI PRASAD and HONOURABLE MR.JUSTICE S.R.BRAHMBHATT CR.A/1129/1986 2/4 JUDGMENT Date : 07/07/2008 ORAL JUDGMENT (Per : HONOURABLE MR.JUSTICE BHAGWATI PRASAD) There was no assistance coming forth from the office of the Additional Public Prosecutor. The learned Additional Public Prosecutor not only in this case but in earlier case was not in a position to render any assistance when being asked as to what are the injuries and the damage done to the injured. He was merely shuffling the papers and rendered no assistance. Hence, we looked into matter ourselves and found that The complainant – Rajendra Mirajirao Kanade lodged a complaint stating inter-alia that he is residing at Bhukhara Mohalla, near Parsi Agiyari, Ahmedabad. He is serving in Calico Mills and he is residing with his uncle. He has further stated that about 15-20 families of Maratha are residing in the said area. According to the complainant, on 19th July 1985 a mob consisting of 200 Muslims came and broke open the doors of the house of the complainant and they were armed with dangerous weapons like pipes, knifes, razors, etc. and they attacked Hindu families. Thereafter, complainant-Rajendra went to near temple of Mahadev. At that time accused no.8 was giving blows with razor to Vasantrao Narayanrao. After giving blows to V N accused No.8 went inside the crowd. Thereafter, complainant – Rajendra Kanade went towards Parsi Agiyari. The persons of Muslim crowd also went to Parsi Agiyari and at that accused Nos.20 and 21 were assaulting Amratlal and Bhagwandas. All the 26 accused were in the said crowd. Upon receipt of the said complaint, which was lodged at Gaekwad Police Station, after investigation the charge sheet was submitted against all the 26 accused persons. The case was registered as Sessions Case No.60 of 1986 and CR.A/1129/1986 3/4 JUDGMENT the accused were tried by the learned City Sessions Judge, Ahmedabad.. Having considered the facts in great detail, the learend Sessions Judge was of the opinion that the prosecution could not establish the guilt beyond doubt and there is ample proof of doubt in this case and benefit of the same must be given to the accused persons and on the said finding all the accused were acquitted. The State feeling aggrieved by the said acquittal preferred the present appeal, which was admitted by this Court on 17th June 1987. It is a case of rioting wherein the number of accused persons, namely, 26 have been prosecuted for indulging into unlawful activity of rioting. Two injured have been named out which are recorded at page Nos.306 and 312, which read as under:- Page : 306 “Alleged H/o Injury by sharp instrument. = Incised wound Rt. Glu. Region 5 x 0.2 x 0.2 cm = Incised wound back of chest region 11th vertebral region 3 x 0.2 x 0.1 cm” Page : 312 “Superficial multiple linear abrasion over --- 1) lt. Scapular region 10 cm 2) below lt. Scapular angle – 15 cm 3) lt. Pura scapular region – 2 cm 4) rt. elbow extent or surface - 2 cm” The injuries sustained show that this could not be a case where provisions of Section 307 of the Indian Penal Code can at all be invoked. The major offence which can be said to have been committed is under CR.A/1129/1986 4/4 JUDGMENT Section 307 of the Indian Penal Code. If, in the background of the injuries which have been recorded by the Doctor on the documents placed on record at page Nos.306 and 312, these injuries cannot be said to be of rioting of the magnitude sought to be proved by the prosecuting agency. In that view of the matter, we do not find any perversity in the findings recorded by the learned trial Judge. Consequently, the State appeal fails and the same is dismissed. Office is directed to send the record and proceedings to the trial Court forthwith. (Bhagwati Prasad, J.) (S.R.Brahmbhatt, J.) *mohd