IMPORTANT POINT
The prosecution failed to prove the charges beyond reasonable doubt due to unreliable witness testimonies, leading to the acquittal of the accused.

JUDGMENT :

(PER : HONOURABLE MR. JUSTICE ILESH J. VORA)

1. The present appeal is filed by the appellants – original accused nos. 1 to 5 and 7 under Section 374 of Code of Criminal Procedure, 1973 (‘Cr.P.C.’, in short) against the judgement of conviction and order of sentence dated 26.02.2006 passed by the learned Additional Sessions Judge, Fast Track Court, Surat in Sessions Case no. 284 of 1997, wherein, the appellants came to be tried for offences punishable under Sections 147, 148, 149, 436, 427, 323 and 506(2) of the Indian Penal Code, 1860 (old) ('IPC', for short). The trial Court, after appreciation of the evidence, convicted the appellants and they were sentenced as under:

The sentences were to run concurrently for original accused no. 5.

2. Facts and circumstances giving rise to file this appeal are as under:

2.1 The appellants – accused were tried by the Sessions Court for the charge that on 10.01.1995, they had formed an unlawful assembly with a common object to destroy the shops of the complainant by setting it on fire.

2.2 The complainant PW:1 Kishor Agarwal had purchased shops, for doing his business at Jash Market, Surat. There was an association of the shop owner and same is registered as Service Society. The appellants accused Mohan Nayak and Mukesh Bombaywala were the officer bearers of the society, whereas accused no.2 Gokul Baxi being a Chartered Accountant was occupying the office in the said building. The furniture work of the shops allegedly purchased by PW:1 was going on and there was a complaint against PW:1 that he indulged in unauthorized use of the passage and parking place and put the raw materials of furniture over there. The members of the society filed a suit before the Lavad Court at Surat, wherein they sought prohibitary injunction against PW:1 complainant that he be restrained in unauthorized use of passage and parking place. The market hired security services from Royal Security Guard for the security of the building. PW:1 had also hired the services of the security personnel from United Security Organizer. On the issue of unauthorized use of marking and passage, off and on the dispute arose between the security guards of the rival parties.

2.3 On 10.01.1995, at about 10:00 a.m. PW:1 was informed by his security personnel about the threat administered by the security personnel of the building as well as the accused.

“The threat was given that if they do not remove the encroachment from the parking as well as passage area, by evening the shops would not remained there”. The PW:1, requested his security agency to deploy further security guards, so as to avoid further confrontation. However, the dispute was not resolved. At about 03:30 to 04:00 p.m., the quarrel took place between the security guards of both the parties, as a result of which, the security guards of both the sides suffered bodily injuries. The Salabatpura Police Station on receiving the information, came at the place and the security guards deployed by PW-1 taken to the Police Station. In the said quarrel, accused Kapildev being security guard suffered ribs fractures, whereas, PW-10 Ramprakash Dabbarsing sustained head injury.

According to case of the prosecution, PW-1 Kishor Agrawal, after receiving the message of the fight ensued between the security guards came at the market place. At about 4:30 p.m, the appellant accused armed with deadly weapon came at the shops area of the market and vandalized the shops and by sprinkling kerosene oil, they set on fire the shops, which has suffered damages to the tune of Rs.10 to 12 lakhs. The PW-1 Kishor Agrawal, at that time, was sitting in the shop of Mr. Ashokbhai, opposite the place of occurrence. The FIR