IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL APPEAL NO. 1067 of 2006 With R/CRIMINAL APPEAL NO. 1142 of 2006 FOR APPROVAL AND SIGNATURE:

HONOURABLE MS. JUSTICE GITA GOPI ==========================================================

Approved for Reporting Yes No √

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SACHINBHAI HASMUKHBHAI PATEL & ANR.

Versus STATE OF GUJARAT ==========================================================

Appearance:

MR VIJAY PATEL for HL PATEL ADVOCATES(2034) for the Appellants in CRA 1067/06 MR CHIRAG UPADHYAY for the Appellant in CRA 1142/06 MS MONALI BHATT, ADDITIONAL PUBLIC PROSECUTOR for the Opponent(s)/Respondent(s) No. 1 ==========================================================

CORAM:HONOURABLE MS. JUSTICE GITA GOPI Date : 28/07/2025 COMMON ORAL JUDGMENT

1. Criminal Appeal No.1067 of 2006 by accused No.2 and

8, and Criminal Appeal No.1142 of 2006 by accused No.5, of Sessions Case No.23 of 2006 (Old Sessions Case No.108 of 2005), challenges the judgment of conviction and order of sentence dated 29.05.2006 by the learned 1^st Fast Track Court, Anand, where the trial was conducted against nine accused, while accused No.1, 2, 5 and 8 came to be convicted under Section 143 of the Indian Penal Code (IPC) with one month rigorous imprisonment and Rs.100/- fine and in default of payment of fine, seven days simple imprisonment, under Section 147 of the IPC, six months rigorous imprisonment and Rs.100/- fine with default stipulation of seven days simple imprisonment and for the offences punishable under Section 436, read with Section 149 of the IPC, sentenced to five years rigorous imprisonment and fine of Rs.500/- and in default, one month simple imprisonment.

1.1 Criminal Appeal No.1198 of 2006 got abated on

06.03.2020 since the appellant-accused No.1 (Alpesh alias Chako Navinchandra Patel) died on 02.05.2009.

1.2 The sentences were to run concurrently and set off had been granted under Section 428 of the Code of Criminal Procedure, 1973 (hereinafter referred to in short as ‘Cr.P.C.’). The accused No.3, 4, 6, 7 and 9 were acquitted from the charge under Section 143, 147, 148, 149, 436, 457, 380 of IPC and Section 135 of the Bombay Police Act, giving them benefit of doubt, while the learned trial Court Judge did not find any case under Section 147, 457 and 380 of the IPC and under Section 135 of the BP Act against accused no.1, 2, 5 and 8, finding them guilty under Section 143, 147, 436 read with Section 149 of the IPC.

2. The charge below Exhibit 17 notes that all the nine accused and the persons in the crowd, because of the incident in regard to Ayodhya issue, on 01.03.2002 between 14.00 to 23.00 hours at Anand Lotia Bagod, gathered in concert, for prosecution of common object formed unlawful assembly and being the member of unlawful assembly committed offence punishable under Section 143 of the IPC.

2.1 All the accused and the persons in the crowd, for the issue of the incident of Ayodhya on 01.03.2002, at the referred time of 14.00-23.00 hours and the referred place of Anand Lotia Bagod assembled for the purpose of prosecution of common object armed with the instruments for setting fire, and with deadly weapons formed unlawful assembly, and the members using force committed riots punishable under Section 147 of IPC.

2.2 At the referred time, place and date, all the accused with a common object assembled, and by forming unlawful assembly, armed with deadly weapons and instruments to cause fire being the member of the unlawful assembly, set complainant’s and other witnesses’ shop on fire and thereby, committed the offence under Section 436 read with Section 149 of IPC.

2.3 At the referred time, place and date, all the accused assembled, for the prosecution of the common object, formed unlawful assembly, and with deadly weapons and instruments to set fire, being the member of unlawful assembly armed with deadly weapons broke the shops of the complainant and other witnesses and caused damage by committin