MOHAMMADHUSSAIN MOHAMMAD LATIF IDRIESHI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) BOTH these appeals are filed against the common judgment dated 4th May, 2004 passed by the learned Additional Sessions Judge, Court No. 8, Ahmedabad, in Sessions Case Nos. 31/2003, 132/2003 and 145/2003, whereby the appellant-accused No. 14 of Criminal Appeal No. 1080/2004 and the appellants-accused Nos. 6 and 28 of Criminal Appeal No. 1090/2004 were ordered to undergo life imprisonment and to pay fine of Rs. 25,000/- for the offences punishable under Section 302 r/w. Sec. 149 of IPC; simple imprisonment for six months and fine of Rs. 1,000/-, in default simple imprisonment for two months for the offence under section 143 of IPC; rigorous imprisonment for two years and fine of Rs. 3,000/-, in default simple imprisonment for six months for the offence punishable under Section 147 of IPC; rigorous imprisonment for three years, fine of Rs. 2,000, in default simple imprisonment for six months for the offence punishable under Section 148 of IPC; rigorous imprisonment for two years and fine of Rs. 2,000/-, in default simple imprisonment for six months for the offence punishable under Section 353 of IPC; rigorous imprisonment for five years and fine of Rs. 5,000/-, in default simple imprisonment for one month; simple imprisonment for three months, in default 15 days imprisonment for the offence punishable under Section 333 of IPC; simple imprisonment for three months, fine of Rs. 100/-, in default fifteen days imprisonment for the offence punishable under Section 336 of IPC; simple imprisonment for three months and fine of Rs. 500/-, in default simple imprisonment for one month for the offence under Section 186 of IPC. It was ordered that all the sentences shall run concurrently.

(2.) THE short facts of the appeals are as under: the case of the prosecution is that on 21. 4. 2002 around 1:45 (noon) at Noorbhai Dhobi Ni Chawl in Gomtipur area, Ahmedabad, a mob of nearly 200 persons started pelting stones, throwing crude bombs and shouting 'maro Maro, Kapo Kapo' which could be barely controlled by firing in the air and resorting to lathi charge by the police personnel and the mob dispersed in the chawl. Thereafter within 15 minutes or so a police constable Amar Sureshrao Patil who was going to report for his duty at Gomtipur Police Station on his motorbike through Amrapali Cinema Road was forcibly stopped and intercepted by a mob consisting 30-35 rioters who dragged him inside the Noorbhai Dhobi Ni Chawl and attacked him with deadly weapons like sword and dagger and inflicted several blows on his body and he succumbed to death. The accused were caught from the scene of offence by the police personnel petrolling in the area and after due investigation, the accused were charge sheeted. On committal of the case to the Sessions Court under Section 209 of Code of Criminal Procedure, 1973 charge was framed for the offences punishable under Sections 143, 147, 148, 149, 302, 353, 333, 336 and 186 of Indian Penal Code and Section 135 (1) of the Bombay Police Act and Sections 4 and 5 of the Explosive Substances Act, 1908. Since the accused pleaded not guilty, in all 15 witnesses came to be examined by the prosecution to substantiate the charges levelled against the accused and number of documents were relied upon by the prosecution:

(3.) THE list of the documents relied upon by the prosecution is at Exh. 56 as under: