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PAMIDIGHANTAM SRI NARASIMHA, MANOJ MISRA
Dhirubhai Bhailalbhai Chauhan – Appellant
Versus
State of Gujarat – Respondent
JUDGMENT :
MANOJ MISRA, J.
1. These two appeals impugn a common judgment and order of the High Court of Gujarat at Ahmedabad1 [The High Court] dated 05.05.2016 passed in Criminal Appeal No. 155 of 2016 (State of Gujarat vs. Dhirubhai Bhailalbhai Chauhan and Others), whereby the High Court, though maintained the acquittal of 12 out of 19 accused who were put on trial, partly reversed the judgment and order of acquittal passed by the Trial Court in Sessions Trial No. 119 of 2003 and thereby convicted the appellants for offences punishable under sections 143, 147, 153 (A), 295, 436 and 332 of the Indian Penal Code2 [The IPC] and punished them with varied sentences, all to run concurrently, maximum being of one year.
Background facts
2. The prosecution case, founded on a first information report3 [FIR] lodged by PW-1, a policeman, is to the effect that on 28.02.2002, while the informant was patrolling with other police personnel, information was received at around 22:10 hours that a mob had surrounded a graveyard and a mosque at village Vadod; when the police party arrived at the spot and instructed the mob to disperse, the mob pelted stones causing damage to police vehicles as well as inj
Rioting – In cases of group clashes where a large number of persons are involved, onerous duty is cast upon courts to ensure that no innocent bystander is convicted and deprived of his liberty – Wher....
The main legal point established in the judgment is that the court has the power to sift and weigh the evidence for the limited purpose of finding out whether or not a prima facie case against the ac....
The Court's decision was based on the application of the principles laid down by the Hon'ble Supreme Court to determine whether a prima facie case was made out against the Accused for the matter to p....
The active participation of an accused in an unlawful assembly, as evidenced by their conduct, can lead to vicarious liability under Section 149 IPC, warranting denial of bail.
Point of law: It is not the duty of the appellate court when it agrees with the view of the trial court on the evidence to repeat the narration of the evidence or to reiterate the reasons given by th....
Point of Law : Prosecution has miserably failed to prove the guilt against the accused and more so, the Trial Court has rightly come to the conclusion by rendering an acquittal judgment.
Murder and rioting – Sans unlawful assembly case of each accused has to be considered according to his individual act.
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