JUDGMENT - VISHNU SAHAI, J.:---The appellant aggrieved by the order dated 27-2-1986, passed by the Special Judge (Riots) Thane in Special Criminal Case No. 51 of 1984, convicting him under sections 147, read with section 149 I.P.C., 148 read with section 149 I.P.C., 427 read with section 149 I.P.C., 436 read with section 149 I.P.C. and sentencing him to undergo R.I. for 6 months and to pay a fine of Rs. 100/- in default to further undergo R.I. for 1 month under the first count; R.I. for 9 months, and to pay a fine of Rs. 100/- in default to further undergo R.I. for 1 month under the second count; R.I. for 1 year and to pay a fine of Rs. 300/- in default to further undergo R.I. for 3 months under the third count; and R.I. for one and half year and to pay a fine of Rs. 500/- in default to further undergo R.I. for 3 months under the fourth count; substantive sentences to run concurrently, has come up in appeal before me. Along with the appellant, a very large number of accused persons were tried, but, they have been acquitted by the aforesaid order.

2. The prosecution case in brief is that the appellant was a member of a large mob which had participated in a riot on 20-5-1984 in Rohida

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