STATE OF GUJARAT Vs. HANIF ISMAILBHAI DIWAN

JUDGEMENT

(1.) BOTH these appeals arise out of the impugned judgment and order passed by the learned Addl. Sessions Judge, Court No.15, Vadodara in Sessions Case No.07 of 2005 whereby, out of total ten accused persons, original accused no.1, 2 and 4 were convicted for the offences punishable u/s.143, 147, 148, 149 and 302 of Indian Penal Code (for short, "the IPC") whereas, the rest of the original accused were acquitted of all the charges levelled against them.

(2.) CRIMINAL Appeal No.179/2007 has been preferred by the appellantState against the impugned judgment and order acquittal passed in respect of original accused no.3 and 5 to 10.

(3.) THE facts in brief are as under; The incident in question is alleged to have occurred during the infamous riots of 2004. On 27.02.2004 while Ranjitsinh Narpatsinh, Unarmed Head Constable deputed at Panigate Police Station, Vadodara City was on patrol duty along with other police personnel near Nurani Mosque situated in Bavamanpura area of Vadodara City, they noticed that a crowd largely consisting of members of the Muslim community had gathered to condole the death of a person belonging to the same community who was killed in the riots that had occurred on 26.02.2004 late in the evening. At around 1215 hrs., the police party heard shouts of help emanating from the nearby area and they immediately rushed to the place. They noticed that a mob of around 20 to 25 persons had surrounded a scooterist and the pillion rider. Some members of the mob, who were armed with deadly weapons like knives, inflicted knife blows on the pillion rider, however, on noticing the police personnel, they fled the scene. On enquiry, the scooterist identified himself as Mohammad Rafiq Mohammad Umar Sopariwala and the injured person was identified as Paresh Nandkishor Purushvani @ Pappu Nandubhai Sindhi. The injured was taken to Hospital in the company of P.S.I. one Mr. Rathod.