Prayer
1. The instant appeal is preferred under Section 378(1)(b) of the
Code of Criminal Procedure, wherein, the Judgment of acquittal
dated 19.06.2013 passed by the learned Judicial Commissioner-
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IV, Ranchi in Sessions Trial No.292 of 2003/Sessions Trial No.299
of 2003, has been assailed.
Prosecution case
2. This Court before entering into the legality and propriety of
the impugned judgment of acquittal, deems it fit and proper to
refer the prosecution story in brief.
3. The case was registered on the basis of the written report
signed by Sita Ram Mehta, Assistant Sub Inspector (PW-2) which
forms the basis of the FIR. The said written report is dated
28.12.2000, wherein the informant has stated that on 28.12.2000
he was on duty at Doranda Eidgah along with a Magistrate. At
about 11.30. A.M, after peaceful performance of Namaaz at Idgah
Maidan Doranda people came back to their house. The informant
along with concerned Magistrate also returned back. While, he
was returning back to the police station, he stopped at a Tea Stall
near B.M.P-1 Camp and at about 12 p.m., in the noon, one person
came and informed him that there was a gathering at Rajendra
Chowk and traffic was being stopped by certain persons resulting
into road jam. After getting this news and in order to disperse the
crowd he went to Rajendra Chowk and upon reaching the place,
i.e., Rajendra Chowk, he came to know that since morning i.e. at
about 9.30 a.m. to 10.00 a.m., certain persons were obstructing
the traffic carrying the dead body of a small girl who had died in a
road accident which was occasioned by a truck of JAP (Jharkhand
Armed Police). For this reason, people from the vicinity, i.e.,
Resaldar, Gwala Toli, Arvind Nagar, Doranda were carrying the
dead body of the child and were making demand of various things
2026:JHHC:20892-DB
and were also obstructing traffic. It has also been stated that some
of the protestors were also having rod, Hockey stick etc. The
crowd was led by Farooque Gaddi, Md. Akbar, Md. Musa, Md.
Samir, Md. Azam, Junna alias Munna, Md. Sabir, who were
carrying dead body of the child and were making protest.
