STATE OF GUJARAT Vs. PINALKUMAR SURESHBHAI PATEL

JUDGEMENT

(1.) The above three appeals have been preferred assailing correctness of the judgment and order dtd. 23/9/2010 passed by the 2nd Additional District and Sessions Judge, Anand in Sessions Case Nos.8 of 2006 and 10 of 2006 whereby all the accused (53 in number) have been acquitted of all the offences under which they were charged which include offences under Ss. 147, 148, 149, 436, 332, 337, 153(3), 454, 457, 380 of the Indian Penal Code, 1860 and Sec. 135 of the Bombay Police Act.

(2.) Criminal Appeal Nos.66 of 2011 has been preferred by the State and Criminal Appeal Nos.714 of 2011 and 715 of 2011 have been preferred by the complainant side.

(3.) The incident is of unlawful assembly entering into rioting, loot, arson, causing bodily injuries and other related offences. The incident, is alleged to have taken place at 4:30 p.m. on 1/3/2002 near the Masjid in village Vasad, Vasad Police Station, District Anand. The First Information Report is lodged by Harisingh Noparam Jhat, Assistant Sub-Inspector, SRP Group 10 Company D, Ukai, which was registered as I-C.R.No.49 of 2002, Vasad Police Station for the offences punishable under Ss. 147, 148, 149, 436, 332, 337 and 153 of the Indian Penal Code and under Sec. 135 of the Bombay Police Act. The incident, as described in paragraph 2 of the judgment of the trial Court, is reproduced below: