ORAL JUDGMENT

(PER : HONOURABLE MR.JUSTICE AKIL KURESHI)

14.08.2013

1. These appeals arise out of common judgement dated

31.05.2008 rendered by learned Additional Sessions Judge, Porbandar in consolidated three sessions proceedings namely Sessions Case No. 37 of 2002, Sessions Case No. 8 of 2005 and Sessions Case No. 33 of

2006.

2. Briefly stated the prosecution version was as follows:

2.1 On 06.02.1993, the police party headed by PSI, Shri V.R.Aagath was in a police matador passing near Gosabara bridge near Mokar village of Madhavpur Taluka of Porbandar district. Late at night about 11.30 they saw that three trucks were coming from the opposite side. The lead truck had its lights on whereas the other two trucks did not have lights on. The police got suspicious. They signaled to the first truck by flashing their lights to stop. The first truck did not stop immediately. Instead, the vehicle crossed the police matador and stopped a little further ahead. The other two trucks, in the meantime, had stopped before the police vehicle. From the lead truck, about 9 or 10 people got down and stood close to their truck. 4 or 5 people got down from the other two trucks and joined the others who had