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2016 Supreme(Guj) 984
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
M.R. Shah and A.J. Shastri, JJ.
The State of Gujarat - Appellants
Vs.
Dhirubhai Bhailalbhai Chauhan and Ors. - Respondent
Criminal Appeal No. 155 of 2006
Decided On : 05-05-2016
For the Appellant : Nisha Thakore, A.P.P.
For the Respondents:Tejas M. Barot, Advocate
The main legal point established in the judgment is the application of section 149 of the Indian Penal Code to determine the guilt of the accused for their involvement in an unlawful assembly and the commission of specific offences.
Headnote:
Indian Penal Code - Criminal Appeal - Sections 143, 147, 148, 153(A), 294, 295, 436, 332, 389 - The court held the accused guilty for the offences punishable under sections 143, 147, 153(A), 295, 436 and 332 of Indian Penal Code. The accused were acquitted for the offences punishable under sections 148, 294 and 389 of Indian Penal Code. The accused were sentenced to undergo Rigorous Imprisonment for various periods with fines.
Fact of the Case:
The case involved a mob causing damage to properties and religious places of a particular community during a bandh. The police officer on duty lodged a complaint and the accused were arrested on the spot. The trial court acquitted the accused, leading to the State's appeal.
Finding of the Court:
The court found the original accused guilty for specific offences under the Indian Penal Code, while acquitting them for other charges. The court also extended the time for the accused to surrender to undergo the remaining sentence.
Issues: The main issue was to determine the guilt of the accused for the offences they were charged with, based on the evidence presented by the prosecution and the defence.
Ratio Decidendi: The court found that the prosecution successfully proved the presence of the accused at the time of the incident and their involvement in the unlawful assembly with a common object to cause damage to properties. The court also considered the applicability of section 149 of the Indian Penal Code in determining the guilt of the accused.
Final Decision: The court confirmed the acquittal of some accused and held the others guilty for specific offences under the Indian Penal Code. The accused were sentenced to undergo Rigorous Imprisonment for various periods with fines.
M.R. Shah, J.
1. Feeling aggrieved and dissatisfied with the impugned judgement and order of acquittal passed by the learned Additional Sessions Judge and Fast Track Court No. 4, Kheda at Nadiad (hereinafter referred to as "the learned trial court" for short) in Sessions Case No. 119 of 2003, by which the learned trial court has acquitted the respondents herein for the offences punishable under sections 143, 147, 148,153(A), 294, 295, 436, 332, 389 read with section 149 and 34 of Indian Penal Code, the State has preferred present Criminal Appeal.
2. Facts leading to the present Criminal Appeal and prosecution case, in brief, is as under:-
Mr. P.K. Rana, Police Inspector of Anand Police Station lodged the complaint with Vasad Police Station on 1/3/2002 at about 1.30 AM, which was registered as CR No. I-48 of 2002. It was the case on behalf of the original complainant that on 28/2/2002 because of the Call for Gujarat Bandh, he was on duty and was petrolling along with other police personnel in Lotiya Bhagol Choki area. According to him, he received Vardhi from Anand Police Control Room at about 22.10 hours in the night to go to village Vadod and to take strict action considering the tensed situation. Therefore, he reached at about 22.30 hours at village Vadod. That near one graveyard (Kabrastan), he had seen that a mob of approximately 1000 to 1500 persons with deadly weapons like stick, Dhariya etc. were causing damage to the properties of both the sides of the road and even they caused damage in the graveyard (Kabrastan) as well as Masjid by setting the properties at fire and all those persons were damaging the properties of a particular community. Therefore, he stopped his vehicle and got down from the vehicle along with other police personnel. According to him, at that time, Dy. Superintendent of Police along with other police personnel came there from headquarter at Anand and he instructed to the mob to disperse, however, the persons from the mob continued to damage the properties and to set the properties at fire and even they threw stones on their police vehicles also and therefore, they resorted to Lathi Charge. In the meantime, he sustained injuries by stone on legs, and eve other home-guards personnel also sustained injuries. According to him, other higher police officers also came there and they resorted to tear-gas, however, despite the same, the mob was not dispersed and therefore, he fired three rounds in air from his service revolver and therefore, persons from the mob tried to run away and out of them, they arrested 7 persons on the spot and from the place of incident. He asked the name of 7 persons who were arrested and on disclosure of their names by the said accused, he named those 7 persons (original accused Nos. 1 to 7 herein) in his complaint. Therefore, he lodged the complaint against above 7 persons and mob of other 1000 to 1500 persons for the offences punishable under sections 143, 147, 148, 153(A), 294, 295, 436, 332, 389 read with section 149 and 34 of Indian Penal Code. The aforesaid complaint was registered as CR No. I-48 of 2002. The same was noted in the police station diary while the said complaint was registered as First Information Report by PW No. 18 Haidarkhan Yasinkhan. The investigation of the aforesaid First Information Report was handed over to PW No. 20 - Ranmalsinh Chandrasinh Rathod - Senior Police Sub Inspector of Vasad Police Station. He recorded statements of concerned witnesses; he also prepared panchnama of the place of incident (Ex. 52); he also prepared arrest panchnama of the persons who were already arrested on the spot and from the place of incident - original accused Nos. 1 to 7 (Ex. 48). He also arrested other accused (original accused Nos. 8 to 19) on the basis of disclosure of their names during the course of investigation.
2.1. Thereafter, after conclusion of t
