I was standing from the chair of the deceased 4.
After the parade at about 9 30 prize distribution programme for school was going on when at that time there was a sound like bursting of a fire cracker from behind at where we have seated which was believed to have been done by boys from behind.
The trial Court found that there is numberdirect evidence adduced inculpating the respondents into the crime.
People got panicky and started running helter skelter.
the prosecution has failed to prove as to at what distance Accused No.
The substratum of the prosecution case against the respondents was that on August 15, 1988, in Sangram singh ji High School, Gondal, flag hoisting ceremony State function was performed by PW.
But on people running helter skelter, during that I felt some arm thrown over my head, I went towards that thing and found it to be a pistol and a handkerchief with it.
1 was present at the place of incidence with the pistol 2.
4 S.R.P. apprehending of Accused No.
1 to Jhala, PW.
The charge sheet needs to companytain the facts companystituting the offences charged.
The circumstantial evidence adduced by the prosecution is as under The extra judicial companyfession made by Accused No.
The Designated Court acquitted the respondents of all the charges in Sessions Case No.
During the parade, I, other officers Shri Jhalasaheb, Dy.
1 A to the police.
the prosecution has totally failed to prove that Accused No.
the prosecution has also failed to produce any circumstantial evidence regarding accused No.
23 of 1989 through the Special Judge, Rajkot appointed under TADA Act.
1 had thrown the muddammal pistol and handkerchief from the left back side of the sitting eminent persons immediately after the incidence 3.
1 on the spot immediately while he was trying to run away.
1 to Shekhawat and asked him and A.N. Tiwari, P.W. 46, PSI to go to the police station, lodge a companyplaint and hand over Accused No.
At this time, Popatbhai Sorathiya was bleeding from his head, immediately he was laid in jeep and sent to hospital.
1 on the spot recovery of the fire arm Ex.
I and other officers have brought this Anirudh singh to the Police Station at this time and produce a loaded pistol with this.
Since the deceased had fallen by the side with blood pressing from his head, he was taken to Rajkot Hospital where he succumbed due to the head injury, later in the day, Shekhawat, P.W. 58 went to the police station at about 9 55 a.m. and lodged the FIR, Ex 301/1.
were personally present along with high Government officials.
S. P. etc.
By the time, he came back, Jhala handed over Accused No.
He took them into possession.
PW 4 who was sitting left to the deceased got up on the chair and looked around and saw the Accused No.
1, the homicidal death of the deceased due to the firing of the fire arm behind his head.
A 1 and the handkerchief Ex IB thrown by Accused No.
With me are A.M. Tiwari of SRP, R. S. Sharma, and the driver of Government Jeep 9929, hence this companyplaint to do as per law.
1 and the pistol Ex.
38, J.P. Dave, the Deputy Collector and Sub Divisional Magistrate, Gondal when distribution of the prizes was about to companyclude, suddenly at about 9 30 a.m. a sound of cracker was heard from behind the deceased who was sitting next to J.P. Dave.
Thus, he has given the benefit of doubt to the accused.
This first information report was received by the Magistrate at 12 15 p.m. on the same day.
He ran into that direction and caught hold of it he found it to be a pistol.
1 firing at the deceased.
1 with the crime.
At the trial, many witnesses were examined of which 45 witnesses turned hostile including J.P. Dave Chief Officer of the Municipality, D. P. Taraiya, P.W. 40 V.P. Sojitra, P.W. 37, local leading doctor, the Mamlatdar etc.
Against that order, special leave petition has been filed.
The Designated Court after companysidering the entire evidence reached the companyclusion that 1.
Thus, this appeal.
Therein, he had narrated thus I was present with my SRP Group along with officers at Sangram singh ji High School where Deputy Collector Dave Saheb, Mamlatdar Saheb and other important persons were present.
That pistol was loaded and trigger was raised which I immediately took in my possession and other officers who were there apprehended one person who had thrown this pistol and who when asked his name replied that he was Anirudh singhh Mahipal singh Jadeja of Ribada.
Rawat, the senior Inspector had initiated the investigation and at around 12 30 p.m. Bhattacharya, DIG had arrived at the scene and took over the investigation and recorded the statements of the witnesses, companyducted the investigation and then laid the charge sheet against the respondents for the charges referred to hereinbefore.
the prosecution has failed to prove that Accused No.
