JUDGMENT :

ABHAY S. OKA, J.

FACTUAL ASPECTS

1. The occurrence based on which the appellant was convicted was of 7th November 2003. According to the prosecution case, around 10 a.m. on that day, about 1,000 to 1,500 people had gathered in the Shah Alam area of the city of Ahmedabad. When PW1 Baldev was passing through that area by his two-wheeler, the crowd stopped him. He was forced to disclose his identity. After he disclosed his identity, the crowd started assaulting him and his two-wheeler was burnt. Thereafter, the crowd stopped an autorickshaw, and the passengers in the autorickshaw were forced to alight. The necklace of PW2 Gitaben Bhailal, who was a passenger in the auto rickshaw, was snatched. The mob assaulted PW3 Hemubhai, who was carrying LPG cylinders on a bicycle. PW 13 Ajay was passing through that area on his two-wheeler with Mukesh as a pillion rider. PW13 Ajay managed to run away. However, Mukesh was assaulted by the mob. Afterwards, the dead body of Mukesh was found in a nearby lake. A total of 13 accused were prosecuted. Accused nos. 1 to 6 and 13 were convicted and Trial Court acquitted the rest of the accused. Seven accused were convicted, including the present a