BABU HASTIMAL MARWADI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This application has been preferred under Section 389 of the Code of Criminal Procedure, 1973 ("the Code") by the applicant, who is the original accused No.66 in Sessions Case No.152/2002 and allied matters, for the suspension of the order of conviction dated

(2.) 06.2016 and of sentence dated 17.06.2016, passed by the learned Special Judge, Designated Court for Speedy Trial of Riot Cases (Gulbarg Society), Ahmedabad. The learned Special Judge has convicted and sentenced the applicant herein for the following offences punishable under the Indian Penal Code, 1860 ( IPC ): Offence under Section Sentence 436 r/w 149 of IPC 7 Years R.I. 449 of IPC 5 Years R.I. 435 of IPC 3 Years R.I. 452 of IPC 3 Years R.I. 427 of IPC 1 Year R.I. 147 of IPC 1 Year R.I. 148 of IPC 1 Year R.I. 153(A)(1)(a)(b) of IPC 1 Year R.I. 143 of IPC 3 Months R.I. 447 of IPC 2 Months R.I. 186 of IPC 2 Months R.I. 188 of IPC 15 Days S.I. 135(1) of BP Act 6 Months 2. The above sentences are ordered to run concurrently and the time spent by the applicant in judicial custody is ordered to be given as a set off by computing the total quantum of sentence. The applicant is in custody since the pronouncement of the above judgment. The applicant has filed Criminal Appeal No.1485/2016 that has been admitted vide order dated 18.11.2016 and is pending final decision.

(3.) The incident, commonly referred to as the "Gulbarg Society Massacre Case" took place on 28.02.2002. Briefly stated, it is the case of the prosecution that initially, a mob of about five to seven thousand persons, the strength of which later swelled upto fifteen to twenty five thousand, belonging to the majority community, forcibly entered a residential society by the name of Gulbarg Society, by breaking open the front gate and knocking down the rear compound wall. The mob indulged in killing, looting and burning and caused mayhem, as a result of which sixty nine persons of the minority community lost their lives. There was extensive damage to property.