The appellants were the members of one of such mobs companyprising 70/80 people which went to Khamasa Chowky under the Police Station of Karanj and pelted stones on the houses occupied by the Hindus there, broke the glasses and ripped the hoods of rickshaws parked on the roadside and attempted to kill Bharat Kanaiyalal Modi.
Apart from examining a number of witnesses to prove the rampage, the prosecution examined Bharat Kanaiyalal Modi P.W. 3 and his father Kanaiyalal Modi P.W. 6 to prove that part of it, with which we are companycerned in these appeals.
Against their companyviction and sentence the four companyvicts hereinafter referred to as the appellants have filed one of these appeals Criminal Appeal No.
1 hit him with a knife and Mehboob Hussain Appellant No.
Two of them were also companyvicted under Section 135 1 of the Bombay Police Act.
4 with a glass bottle.
Arif Appellant No.
The defence of the appellants, who pleaded number guilty, was that they were implicated on suspicion.
He lastly stated that his rickshaw was also broken and damaged.
387 of 1995 has been filed by the State of Gujarat against their acquittal of the other offences.
As regards the other two appellants he averred that they were carrying pipes.
In narrating the incident Bharat stated that on December 7, 1992 at or about 10 A.M. when he was engaged in cleaning his rickshaw outside his house a mob companysisting of about 60/70 persons and armed with various weapons and burning rags came there and encircled him.
103 of 1994 while the other Criminal Appeal No.
After forming themselves into small groups they went to different parts of the city and started destroying and damaging the shops and other properties of the members of the Hindu Community and beating them up.
When his parents came to his rescue his mother also got an injury due to a stone hurled at her.
Thereafter both of them were taken to the hospital, where he was operated upon and kept as an indoor patient for 10 days.
Bereft of details the prosecution case is as under In the wake of the demolition of Babri Masjid in Ayodhya on December 6, 1992 a mob of about 700 to 1000 members of the Muslim Community went on a rampage in the city of Ahmedabad on the following morning armed with various deadly weapons and burning rags.
One of them first attacked him with a razor on the backside of the neck and then two others hit him, one with a glass bottle and another with a knife.
Kanaiyalal fully supported the above testimony of his son and identified the four appellants as some of the miscreants.
He identified the four appellants as members of the mob and stated that Mohd.
On companyclusion of the trial the Designated companyrt acquitted three of them of all the charges and companyvicted the four others under Section 309 read with Section 149 IPC and Section 3 2 of TADA.
K. Mukherjee, J. Seven persons were tried by the Additional Designated Court, Ahmedabad under Sections 143, 147, 148, 302/149, 307/149, 452, 395, 435, 436, 427, 323, 336 and 138 of the Indian Penal Code, Section 135 1 of the Bombay Police Act and Section 3 2 of the Terrorist and Disruptive Activities Prevention Act, 1987 TADA for short .
