REPORTABLE

IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO. 1599 of 2010

(Arising out of SLP(Crl.) No. 2077 of 2010)

Babubhai

…Appellant

Versus

State of Gujarat & Ors.

…Respondents

WITH

CRIMINAL APPEAL NOS. 1600-1605 of 2010

(Arising out of SLP(Crl.) Nos. 3235-3240 of 2010)

State of Gujarat & Ors.

…Appellants

Versus

Ganeshbhai Jakshibhai Bharwad & Ors.

…Respondents

J U D G M E N T

Dr. B.S. CHAUHAN, J.

1.

Leave granted.

2.

These appeals and other connected appeals have been

preferred against the judgment and order dated 22.12.2009 of

the High Court of Gujarat at Ahmedabad, passed in Special

Criminal Application Nos. 1675/2008, 1679/2008 with Crl.

Misc. Application Nos. 8249/2009, 8361/2009, 8363/2009

and 7687/2009.

3.

Facts and circumstances giving rise to the present cases

are that on 7.7.2008, some altercation took place between

members of the Bharwad and the Koli Patel communities over

the plying of rickshaws in the area surrounding Dhedhal

village of Distt. Ahmedabad, Gujarat. The Bharwad community

had been preventing the Koli Patels from running their

rickshaws in the said area.

On the next day, i.e. on 8.7.2008, case No. C.R.No.I-

154/2008, was registered at 17:30 hours in the Bavla Police

Station under Sections 147, 148, 149, 302, 307, 332, 333,

436 and 427 of the Indian Penal Code, 1860 (hereinafter called

as “IPC”) read with Section 135 of the Bombay Police Act, 1951

(for short “BP Act”) and Sections 3, 7 of Prevention of Damages

of Public Property Act, 1984 (for short “1984 Act”) for an

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incident which occurred at Village Dhedhal, wherein Mr. M.N.

Pandya, Sub-Inspector of Police, Bavla Police Station has

stated that while he was patrolling in Bavla Town, he received

a message from H.C. Kanaiyalal, Police Station Officer, at

10.00 a.m. that some altercation/incident had taken place

between the two communities at Dhedhal Cross Roads. On

receiving the said information, he along with other police

personnel, rushed to the place of incident, however, by that

time the crowd had already dispersed. Thereafter, he received

information that a clash was going on between the said two

communities in Dhedhal village. Immediately, he contacted the

Control Room, as well as the Deputy Superintendent of Police

of Dholka, for further police support and rushed to the spot

where he found about 2000-3000 persons from both the

communities, all with sticks, dhariyas, swords etc., attacking

each other. The police resorted to teargas shells as well as to

lathi charges to disperse the crowd. Several rounds of firing

were resorted to in order to disperse the mob. In the incident,

more than 20 persons were injured and three houses of

members of the Bharwad community were set on fire. One

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person, namely Ajitbhai Prahladbhai, also died. Several

police personnel were also injured. No person was named in

the said FIR.

4.

Another FIR, being Case No. C.R.No. I-155 of 2008, was

registered at Bavla Police Station on the same date i.e.

8.7.2008 at 22:35 hrs by Babubhai Popatbhai Koli Patel

(appellant in SLP (Crl.) No.2077/2010 and respondent in SLP

(Crl.) Nos. 3235-3240/2010) (hereinafter called as

complainant), resident of village Vasna, Taluka Bavla, wherein

he alleged that an incident took place on the same day at 9:15

hours near Dhedhal village in which he named 18 persons as

accused. As per this FIR, an incident occurred on 7.7.2008 in

the evening at about 6.30 p.m. His cousin Jayantibhai

Gordhanbhai told him that when Budhabhai of their village

and two rickshaw-walas were taking passengers at Dhedhal

Chokdi, the Bharwads of Dhedhal village who were also plying

rickshaws, chhakdas etc. told the Koli Patels not to take

passengers from there and they took away the key