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2021 Supreme(Guj) 643

PARESH UPADHYAY, ASHOKKUMAR C.JOSHI
AHEMADBHAI MOHAMMADBHAI ANSARI – Appellant
Versus
MOHMMAD IMTIYAZ @ CHIKO NOORMOHAMMAD SHAIKH – Respondent


Advocates Appeared:
For The Appellant : MR YV BRAHMBHATT
For The Respondent:MR ARJUN M JOSHI & MR S M VATSA, ADVOCATES, MR HARDIK SONI, APP.

JUDGMENT :

PARESH UPADHYAY, J.

1. This is an acquittal appeal. It is filed by the original complainant, invoking his right under proviso to Section 372 of the Code of Criminal Procedure, 1973. This appeal is directed against the judgment and order passed by the Additional City Sessions Judge (Court No.15), Ahmedabad dated 03.09.2020 in Sessions Case No.70 of 2017.

2. On 11.12.2015, at about 11:30 (night), at Sultan Mohalla, Dariyapur, Ahmedabad City, one Yasinbhai was attacked and was done to death. Complaint in that regard was given by the present appellant and consequently, an FIR was registered by the Dariyapur Police Station, Ahmedabad City on the early morning of 12.12.2015 (being C.R.I No.36 of 2015) for the offences punishable under Sections 302, 143, 147, 148, 149 and 201 of the Indian Penal Code and Section 135 of the Gujarat Police Act. Five persons were named as accused. It was registered as Criminal Case No.925 of 2016 and on being committed to Sessions Court, was registered as Sessions Case No.70 of 2017.

3. On conclusion of the trial, the Sessions Court arrived at the following judgment :-

    3.1 Original accused No.1 – Mohammad Vajid son of Mohammad Imtiyaz @ Chiko Noormoham

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