KAMLESH BACHUBHAI VADHER Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Present appeals are directed against the judgment and order dated 05/03/2003, passed by the learned Additional Sessions Judge & 6th Fast Track Court Judge, Junagadh, in Sessions Case No. 49 of 2002, whereby, while acquitting the accused from the charges levelled against them for the offences punishable under Sections 143, 147, 148, 149, 395, 397, 295(k), 336, 436 and 506(2) of the Indian Penal Code, 1860 (for brevity, 'the IPC') and Section 135 of the Bombay Police Act, the original accused No. 1 came to be convicted for the offence punishable under Section 324 of the IPC and sentenced to undergo imprisonment for one year and a fine of Rs. 500/- and in default of payment of fine, to undergo further simple imprisonment for fifteen days. Accordingly, Criminal Appeal No. 506 of 2003 has been filed by the appellant - original accused No. 1 against conviction, whereas, Criminal Appeal Nos. 1101 and 1102 of 2005 have been filed by the State for enhancement of sentence of original accused No. 1 and against acquittal of all the accused, respectively.

(2.) Brief facts of the prosecution case are that on 28/02/2002, at about 12:00 hours, all the accused, together with a mob of around 150 people, by forming unlawful assembly in furtherance of their common object with respect to Godhra carnage, went to the place of complainant situated at Husain Manzil, on Girnar Road, near Godhavav Pati, possessing deadly weapons, with a view to causing grievous hurt and damage the properties of the complainant, knocked the doors of the complainant by threatening him to open the doors and when the complainant opened the doors, the accused instigated other people by shouting to attack the complainant and on police having reached the spot, the accused and others fled away from there, however, the accused No. 1 allegedly looted the gold chain of the complainant. Moreover, the accused and other people of the mob, caused damage in the nearby cycle store worth Rs. 200/-, assaulted one Salim with knife on his abdomen and also damaged the roof of nearby Dargah. They also allegedly damaged one scooter, one rickshaw and the scrap material belonging to the different people, lying near the house of the complainant. They also allegedly pelted stones at the house of the complainant and also threatened the people of minority community to kill them and thereby, they committed the offence alleged against them, for which a complaint came to be lodged for the offences punishable under Sections 143, 147, 148, 149, 395, 397, 295(k), 336, 436 and 506(2) of the IPC and Section 135 of the Bombay Police Act.

(3.) We have heard Mr. Hriday Buch, learned advocate for the accused and Mr. J.M. Panchal, learned Special Public Prosecutor for the State.