VOLUME-I

PART I

1. All these cases arise out of the judgment and order dated 01.03.2011 rendered by the learned Sessions Judge, Panchmahals at Godhra, Camp at Central Jail, Sabarmati, Ahmedabadin Sessions Case No. 69 of 2009 to Sessions Case No. 86 of 2009 and Sessions Case No. 204 of 2009.

1.2. Upon conviction of 11 accused under Section 302 of the Indian Penal Code and sentencing them for capital punishment to be hanged by neck till death’ by the learned Sessions Judge, Confirmation Case Nos. 1 to 10 of 2011 are referred to this Court under Section 28(2) read with Section 366 of the Criminal Procedure Code, 1973 [for short, ‘the Code’] arising out of Sessions Case Nos. 69, 70, 71 [2 accused], 72, 73, 77, 79, 81, 82 and 84 of 2009.

1.3. Criminal Appeal Nos. 556, 557, 585, 586, 587, 590, 591, 592, 593, 628 and 629 of 2011 are filed by the accused persons under Section 374(2) of the Code challenging the conviction under Section 302 and other offences of the IPC and other penal statutes and sentencing 11 accused for capital punishment and 20 accused for life imprisonment, as the case may be.

1.4. Criminal Appeal Nos. 713, 717, 718, 727, 728, 729, 732, 733, 798, 831 of 2011 are filed by the victims under Section 372 of the Code against acquitting accused or convicting for lesser offence or awarding inadequate or no compensation.

1.5. Criminal Appeal No. 744 of 2011 is filed by the State of Gujarat under Section 377 of the Code for enhancement of sentence awarded to the accused persons.

1.6. Criminal Appeal No. 743 of 2011 is also filed by the State of Gujarat under Section 378 of the Code against acquittal of the accused persons for the charges levelled against them by the learned Sessions Judge.

1.7. Criminal Misc. Application No. 17914 of 2011 [disposed of] is filed by Salim @Salman Yusuf Sattar Zarda for taking additional evidence under Section 391 of the Code of Criminal Procedure, 1973 in Criminal Appeal No. 586 of 2011.

1.8. Criminal Misc. Application No. 11376 of 2014 is filed by Nilkanthbhai Tulsibhai Bhatiya to be joined as necessary party.

1.9. Criminal Misc. Application No. 11629 of 2014 is filed by Nilkanthbhai Tulsibhai Bhatiya to delete Hussain Abdul Rahim Kalota-Original Accused No. 42 of Sessions Case No. 69 of 2009 from Criminal Appeal No. 713 of 2011.

1.10. Criminal Misc. Application Nos. 3101 of 2015, 2168 of 2015, 1665 of 2015 and 4143 of 2015 are filed seeking temporary bail.

OPERATIVE PART OF THE IMPUGNED JUDGMENT OF CONVICTION & SENTENCE READS AS UNDER:

“Under the above circumstances, considering all the relevant factors, this Court is unable to find any mitigating circumstances to refrain from imposing the death penalty on the convicted accused persons who had played role in hatching conspiracy, collecting, unloading, storing, and shifting inflammable liquid petrol from petrol pump to place of in cident, making holes by knife on the upper part of carboys, cutting canvas vestibule by knife(Chharo), opening eastern side sliding door forcibly from outside, entering into Coach S-6, opening of East South corner door of Coach S-6, pouring petrol after entering into coach with carboys, sprinkling petrol from outside, and setting the coach on fire by putting/throwing burning rag into Coach No. S-6. Though this Court has deep sympathy for the members of the family of the convicted accused persons, is constrained to reach the inescapable conclusion that this is a case where imprisonment for life can never be said to be an adequate sentence to meet the end of justice and death sentence is required to be imposed upon the following convicted accused persons (names shown in para-A).

Having regard to the facts of the case and all the surrounding circumstances, in the interest of justice, I pass the following final order:

FINAL ORDER

Para-A The accused persons named below (in Schedule-A) are hereby sentenced under Section-235