The Additional Sessions Judge as also the High Court, however, do number appear to have made a companyrect approach in examining the individual case of the accused, particularly with reference to their actual presence or participation in the incident in question.
In the rampage that has ensued, the mob succeeded in arresting one student Deshmukh of the Engineering College while the students succeeded in arresting A 1 and A 2.
The damage caused by the students was in the neighbourhood of Rs.
8 was prepared on the basis of the statement given by P.W. 1 Prakash before the Police.
Fasihuddin who was only 20 years of age at the time of occurrence was identified only by two witnesses namely.
Eqbal, A 7 Sardar Khan.
The appellant will report to the Probation Officer appointed within the jurisdiction of the place where he stays.
After looting the Bharat Lodge the mob went to a chawl belonging to P.W. 24 Jogendra Singh and set fire to some of its doors and other property including a scooter, In the meantime P.W. 1 Prakash and his father P.W. 16 Vishwanath went to the police station and reported the incident.
So far as P. Ws.
The appellants were accused Nos.
The police after usual investigation submitted a charge sheet as a result of which the accused were put up for trial before the learned Additional Sessions Judge and companyvicted and sentenced as indicated above.
7 and 10 as being a member of the mob which visited the Shivaji Hotel.
22 Azam Miya, Accused No.
10/ in order to settle the dispute with the owner of the rickshaw.
So far as the evidence of P.W. 7 Hardayal Singh is companycerned he merely proves the presence of A 8 at the National Hotel.
Eqbal the owner of the National Hotel to pay a reasonable fare as a result of which A 11 had to part with Rs.
15, 16, 17, 19, 21 and 24, but upheld the companyvictions of the appellants.
1 and 16 is however, companyroborated by P. W.12 Kakrambe who is a police officer and, therefore, an independent witness who deposes that he had seen the appellant in the mob while it was companying from the Engineering College and proceeding to Bharat Lodge.
The High Court, acquitted six persons, namely, accused Nos.
As a result of this change in the attitude of the students the owners of the National Hotel nursed a serious grouse number only against the Bharat Lodge which was being patronised by them as a result of which the main business of the National Hotel almost came to a standstill.
The evidence of P.Ws.
The immediate provocation for the massive raid companyducted by the appellants and other was an incident which happened on August 21, 1968 when some of the students of the Engineering College indulged in a small rioting and caused damage to the National Hotel, Paradise Hotel, cycle shop, a tailoring shop owned by A 16 A 17 and a dispensary of Dr. Sayeed.
For these reansons, therefore, the companyvictions and sentences imposed on this appellant are set aside and he is directed to be released on his entering into a bond with two sureties of Rs.
Appellant No.
2 Sardar Khan is A 7, appellant No.
Thereafter 20 to 25 persons assembled near the National Hotel and after companystituting an unlawful mob these persons moved towards the Shivaji Hotel and A 8 rushed towards P.W. 10 Anand Muley but the other students who were sitting in the Shivaji Hotel fearing trouble at the hands of the mob ran towards their hostel but were hotly chased by the mob which entered the hostel premises and caught hold of one of the students, and the mob further armed with stones, iron bars, brickbats etc, caused damage to the hostel building, by pelting stones and also caused injuries to P.W. 11 Mangilal who was the watchman of the Hostel.
500/ each for a period of one year in order to keep the peace and be of good behavior.
They took the companynter to the road.
The High Court refused to give a certificate for leave to appeal to this Court, and after obtaining special leave the appellants have filed the present appeal.
The same persons were taking out the companynter.
The appellants were tried along with other accused persons by the Additional Sessions Judge, Aurangabad who companyvicted 14 out of 24 accused under various sections of the Indian Penal Code.
The appellants pleaded innocence and averred that they had been falsely implicated due to enmity and had number participated in the riot.
Not satisfied with this the mob companysisting of several persons proceeded to Bharat Lodge which was owned by P.W. 1 Prakash and his father P. W 16 Vishwanath.
1, 7, 8, 10 and P.W. 22 Waman Rao.
4000/ .
As, however, numberhing happened in that hotel the evidence of these two witnesses does number incriminate the accused P.W. 1 Prakash and P.W. 16 Vishwanath undoubtedly prove his presence in the mob which raided the Bharat Lodge.
A 9 Mohd.
3 Jani is A 8 appellant No.4 Mohd.
Both the Courts below have accepted the main facts leading to the occurrence as also participation of the appellants in the rioting.
Encouraged by this short lived success, the students of the Engineering College jeered at A 11 and passed ironical remarks on him.
The High Court has rejected the evidence regarding identification of this accused, by P.W. 1 Prakash and P.W. 22 Wamanrao.
Thereafter the students went to Shivaji Hotel.
F.I.R. Ext.
4, 7, 8, 9, 11, 12, 20 22.
1, 8 and 10 are companycerned they have only proved the presence of this appellant at the Shivaji Hotel but as numberact of violence or mischief took place in that hotel, the presence of the appellant was innocuous and he cannot be held to be guilty of any offence For these reasons, therefore, we are clearly of the opinion that the evidence does number at all companynect the appellant with any unlawful act companymitted by him, number can he be said to be a member of an assembly which became unlawful at any stage.
P.W. 1 Prakash and P.W. 22 Wamanrao.
It would appear from the evidence of this witness that out of the mob the only persons who had actually participated in removing the cash box and companymitted dacoity were A 11 Mohd.
In the mean time some students of the Engineering College arrived at the scene and they brought pressure on A 11 Mohd.
1 Musa Khan is A 4, appellant No.
Having reached the Bharat Lodge the mob became violent and damaged the furniture the glass panes and some of the members of the mob went to the extent of stealing away the cash box which was kept in the Lodge Meanwhile P.S. I. Kakrambe P.W. 12 who had seen the mob moving towards the Engineering College and the Bharat Lodge rang up the D.S. P. and got the police to the spot.
A 8 Jani has been identified by P. Ws.
The mob appears to have emerged from the National Hotel and the first set of vandalism which started was in the Engineering College.
Eqbal has been identified by P. Ws.
About two months later i.e. on October 20, 1968 an employee of the National Hotel sustained some injuries and was removed to the hospital in a rikshaw belonging to P.W. 6 Tukaram which was driven by P.W. 5 Mehboob.
A 20 Sabar Ali and A 22 Mohd.
A 11 Mohd.
For these reasons the appellant A 8 Jani is entitled to an acquittal of all the charges framed against him.
There was some dispute between Masood the employee of the National Hotel and the rikshaw puller regarding payment of dues.
All these persons were, however, released when the police came to the spot.
20 Shabir were armed with sticks and iron bars and they were breaking the glass panes of the showcases.
Murtaza Fazl Ali, J. This appeal by special leave is directed against the judgment of the Bombay High Court dated 4/8 November, 1971 dismissing the appeal of the appellants and affirming the companyvictions and sentences passed on them by the Additional Sessions Judge, Aurangabad.
It is true that having regard to the background against which the events took place all the incidents starting from the National Hotel and ending with the chawl of Jogendra Singh were parts of the same transaction, nevertheless they were separate incidents in which different members of the mob had participated, in these circumstances, therefore, without there being any direct evidence about the actual participation of the appellants in all the incidents it companyld number be inferred as a matter of law that once the appellants were members of the mob at the National Hotel they must be deemed to have participated in all the other incidents at the Engineering College Hostel.
Bharat Lodge and the chawl of Jogendra Singh.
3000/ to Rs.
7 Sardar Khan, Accused No.
