JUDGMENT

Sadhana S Jadhav, J. - The appellant herein is the original accused no. 14 in Sessions Case No. 1254 of 1993 re-numbered as 1472 of 1994 and is convicted for the offence punishable under section 326 of the Indian Penal Code and is sentenced to suffer R.I. for seven years and fine of Rs. 1,000/- (One thousand only), in default, R.I. for three months. The appellant is also convicted for an offence punishable under section 452 of the Indian Penal Code with no separate sentence. Hence, this appeal.

2. Such of the facts necessary for the decision of this appeal are as follows:-

3. This is relating to the riots of the year 1992 after the damage to Babri Masjid at Ayodhya. The incident is dated 7th of December 1992. It is the residential house of PW-1 Balkrishna. It is the case of the prosecution that on 6th December 1992 in the course of Karseva at Ayodhya, some people had caused damage to Babri Masjid and it was demolished. It is alleged that the outcome of the said incident was that, communal riots had erupted all over India in the midnight of 06.12.1992 and 7.12.1992. The incidence of pelting stones and burning of vehicles, public and private, were reported to the police stati