DHIRUBHAI BHAILALBHAI CHAUHAN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) These two appeals impugn a common judgment and order of the High Court of Gujarat at Ahmedabad [The High Court] dtd. 5/5/2016 passed in Criminal Appeal No.155 of 2016 (State of Gujarat v. Dhirubhai Bhailalbhai Chauhan & 18 others), whereby the High Court, though maintained the acquittal of 12 out of 19 accused who were put on trial, partly reversed the judgment and order of acquittal passed by the Trial Court in Sessions Trial No.119 of 2003 and thereby convicted the appellants for offences punishable under Sec. 143, 147, 153 (A), 295, 436 and 332 of the Indian Penal Code [The IPC] and punished them with varied sentences, all to run concurrently, maximum being of one year.

(2.) The prosecution case, founded on a first information report [FIR] lodged by PW-1, a policeman, is to the effect that on 28/2/2002, while the informant was patrolling with other police personnel, information was received at around 22:10 hours that a mob had surrounded a graveyard and a mosque at village Vadod; when the police party arrived at the spot and instructed the mob to disperse, the mob pelted stones causing damage to police vehicles as well as injury to police personnel; in consequence, police had to take recourse to release of tear gas shells and firing of gun shots, which resulted in a stampede like situation; in the melee, the police could apprehend 7 persons on the spot, namely, (1) Dhirubhai Bhailalbhai Chauhan, (2) Maheshbhai Bhailalbhai Chauhan, (3) Mukeshbhai Ambalal Patel, (4) Kiritbhai Manibhai Patel, (5) Ravjibhai Harmanbhai Patel, (6) Dipakkumar Bhopalbhai Negi and (7) Sanjaykumar Laxmansinh Mahida, all residents of village Vadod. Investigation resulted in a charge sheet against 19 persons including the ones who were arrested on the spot. Based on the chargesheet cognizance was taken, giving rise to Sessions Trial No.119/2003.

(3.) The Additional Sessions Judge to whom the matter was assigned by the Sessions Judge, conducted the trial and by judgment and order dtd. 11/7/2005 acquitted all the 19 accused by giving them the benefit of doubt.