BABUBHAI BHALABHAI PARMAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The appellants - accused have preferred the present appeal for quashing and setting aside the impugned judgment and order of conviction and sentence dated 04.04.2006 passed by the learned Additional Sessions Judge, City Sessions Court No.8, Ahmedabad City in Sessions Case No. 192 of 2005 (hereinafter be referred to as "the Trial Court"), whereby the learned Additional Sessions Judge has convicted the accused for the offence punishable under Sections 143, 147, 148, 149, 392, 427, 435, 436, 452 and 188 of the Indian Penal Code (hereinafter be referred to as "the IPC") and sentenced them to undergo rigorous imprisonment for three years and fine of Rs.500/- each, in default, to undergo rigorous imprisonment of three months for the offence under Sections 436 and 149 of the IPC and to undergo rigorous imprisonment of two years and fine of Rs.500/- each, in default, to undergo rigorous imprisonment of three months for the offence under Section 392 read with Section 149 of the IPC, and no separate sentence for the offence under Sections 143, 147, 148, 427, 435, 452 and 188 of the IPC. All the sentences are ordered to be run concurrently and benefit of set off has been given to the accused by the Trial Court.

(2.) Brief facts of the prosecution case are that on 24.04.202, at about 9.40 pm, P.S.I. Damor, surveillance squared Shaherkotada Police Station received the message that the mob has gathered near Nirmalpura Cross Road and they were armed with weapons and mob has started pelting stones and throwing burning rag. It is alleged that the mob has destroyed the property of other community and the police has arrested some of the persons from the mob.

(3.) After completion of investigation, the police has filed charge-sheet before the concerned Metropolitan Magistrate for the alleged offences. Thereafter, as the offence was exclusively triable by the Court of Sessions, the learned Metropolitan Magistrate has committed the case under Section 209 of the Criminal Procedure Code to the Court of Sessions wherein it was registered as Sessions Case No.192 of 2005.