The reliability of witness testimony, including that of injured witnesses, and the application of Section 149 IPC in convicting the accused.

K.S. Jhaveri, J.

1. Riots, resulting in serious injuries or even death, are of frequent occurrence in this State and cases relating to such riots require very careful handling. A large number of persons are generally involved and the evidence is often entirely of a partisan character. There is, moreover, great danger of innocent persons being implicated along with the guilty, owing to the tendency of the parties, in such cases, to try to implicate falsely, as many of their enemies, as they can. The parties generally give widely divergent versions of the riot and in such cases, the Police usually prosecute members of both the parties and place the divergent versions and the evidence in support before the Court. It is for the Court to ascertain, in such cases, as to which of the two versions is correct. Broadly speaking, in riot cases, the appreciation of evidence is mostly limited to the extent of role played by each rioter and not to the collateral effect of the incident since it is highly improbable to ascertain the individual role of every member of a rioting mob.

2. All these appeals arise out of the common judgment and order and involve common questions on law and facts, hence, they are decided by this common judgment.

3. Challenge in these appeals is to the judgment and order passed by the learned Addl. Sessions Judge, Court No. 9, Ahmedabad City in Sessions Cases No. 160/2005 and 161/2005 dated 17.03.2006 whereby, original accused No. 1 to 6 & 13 were convicted for the offences punishable u/s. 396, 395, 307, 435 & 201 r/w. Section 149 IPC and were imposed sentence as under;

For Conviction	Sentence Imposed
u/s.396 r/w. 149 IPC	Sentence Imposed Imprisonment for life and fine of Rs. 1000/- each and in default, RI for a further period of one month.
u/s.395 r/w. Section149 IPC	RI for life and five years and fine of Rs. 1000/- each and in default, RI for a further period of one month.
u/s.307 r/w. Section149 IPC	RI for life and five years and fine of Rs. 1000/- each and in default, RI for a further period of one month.
u/s.435 r/w. Section149 IPC	RI for three years and fine of Rs. 1000/- each and in default, RI for a further period of one month.
u/s.201 r/w. Section149 IPC	RI for three years and fine of Rs. 1000/- each and in default, RI for a further period of one month.

All the sentences were ordered to run concurrently. The sentence already undergone by the accused persons were given set-off. Whereas, original accused No. 7 to 12 were acquitted of all the charges framed against them.

4. The facts in brief are as under;

On 07.11.2003 the City of Ahmedabad was under the grip of communal riots and a mob of around 1500 people had gathered at Shah Alam area of the City. At around 1000 hrs., while Baldev Gangaram (PW-1) was passing through that area on his two-wheeler, the crowd stopped him. Some members from the crowd inquired about his identity and thereafter, began to assault him. They burnt down his two-wheeler. The rioting mob also stopped an auto-rickshaw carrying passengers, compelled them to alight the auto-rickshaw and thereafter, assaulted them. They also snatched a gold necklace from one of the lady passengers, named, Gitaben Bhailal. The mob also assaulted a delivery boy, named, Hemubhai Savabhai Jadav (PW-3), who was carrying LPG cylinders on a bicycle cart and thereafter, looted all the LPG cylinders. Likewise, the rioting mob assaulted and looted several other individuals and caused damage to public as well as private properties. Ajay Vasantlal Shah (PW-13) was passing through the area on his two-wheeler bearing registration No. GJC 883 while Mukeshbhai was riding pillion. During that time, a mob of around 20 - 25 persons stopped th