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1992 Supreme(SC) 230

R.C.PATNAIK, K.JAYACHANDRA REDDY
Ladha Shamji Dhanani – Appellant
Versus
State Of Gujarat – Respondent


Advocates:
Anip Sachthey, B.N.AGRAWAL, M.R.BAROT, P.H.Parekh, RAM JETHMALANI, S.C.PATEL

JUDGMENT

K.JAYACHANDRA REDDY, J.:- The six appellants in this appeal along with 24 others were tried for offences punishable u/ Ss. 147, 148, 342, 353, 435, 440 and 302 read with Ss. 149/34, I.P.C. It is alleged that these 30 accused who were found in a mob consisting of 300-350 persons armed with weapons like axes, dharias and spears and A-15 among them armed with a gun and A-12 armed with a pipe surrounded a bus on 5-8-1976 at 7 p.m. at village Lalavadar in which the four deceased persons were travelling and set the bus on fire, as a result of which the four deceased persons were burnt to death. Outside the bus another deceased Surag Bhan was beaten, as a result of which he died. The trial Court acquitted the accused persons holding that the prosecution had failed to prove its case. The State preferred an appeal before the High Court against the order of acquittal. The High Court convicted A-15 and A-16 under S.302 read with S. 34, I.P. C. and sentenced each of them to undergo imprisonment for life. A-26 was convicted under S. 307, I.P.C. and sentenced to undergo R. I. for 7 years. Accused Nos. 18, 24 and 28 were convicted under S. 326 read with 34, I.P.C. in respect of the injur





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