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 Rohidaswada, Kalyan. It is alleged that members of the mob were armed with sticks, stones, iron bars and fire balls. The mob is alleged to have comprised of Muslims. As a result of members of mob throwing stones on tiles and roof houses of many Hindus were damaged. It is also stated that due to hurling of fire balls some houses of Hindus were burnt. On receiving information, the police is alleged to have given warning and directed the mob to disperse. However, the mob became more violent and did not pay any heed to the warning given by the police. Thinking that the only way to control the situation was to order a lathi charge, D.C.P. Chitale ordered a lathi charge but, that had very little effect on the mob. Left with no other alternative, D.C.P. Chitale ordered firing resulting in two persons in the mob succumbing to bullet injuries. Thereafter, people started running away. It is said that police chased and caught 95 persons, one of them being appellant.

3. It is said that some of the accused persons had sustained minor injuries and were consequently sent to Municipal Hospital Kalyan for treatment.

4. All the accused persons, including the appellant were brought to the police station, Kalyan and there Inspector Chavan P.W. 16 lodged his complaint Exh. 118. On the basis of the complaint, C.R. No. I 120/84 was registered at police station, Kalyan.

5. The investigation of the case was done by Inspector Chavan himself. Next morning, he made a spot panchanama Exhibit 107. He recovered stones, pieces of brickbats and bottles and kerosene dipped balls etc. from the spot. He also found that in the rioting, houses of 21 people were damaged. Thereafter, he recorded statements of a large number of witnesses and after completing the investigation he submitted a charge sheet on 31-7-1984, against 83 accused persons. A supplementary charge sheet is alleged to have been filed on 6-11-1984 by Inspector Patil.

6. The trial against the appellant as well as the acquitted accused persons proceeded in the Court of Special Judge (Riots), Thane. As said earlier, excepting the appellant, the learned trial Judge acquitted all the other accused persons.

7. I have heard Mr. H.A.Solkar, learned Counsel for the appellant and Mrs. K.D. Randive learned Additional Public Prosecutor for the State of Maharashtra, at a considerable length. I have also perused the depositions of the witnesses examined in the Trial Court and the various exhibits tendered and proved in the Trial Court. After giving my anxious consideration to the matter, I am firmly of the opinion that the appeal deserves to be allowed. Mr. Solkar vehemently submitted that against the appellant, evidence of 8 eye witnesses was adduced by the prosecution in the trial. Out for the aforesaid 8 witnesses, the learned trial Judge had r

Click Here to Read the rest of this document