- (1.) This appeal is before us on being filed by appellants 1 to 4 (accused 1 to 4 before the trial court) canvassing the correctness of the judgment dated 30/6/19933 made in Terrorists Criminal Case No. 51 of 1992 on the file of the additional Designated court at Ahmedabad. These appellants took their trial before the above Designated court under S. 143, 147, 148, 302, 307 read with Section 149 Indian Penal Code and S. 336, 332, 395, 435 read with Section 149 Indian Penal Code, under Section 135 (1 of the Bombay Police Act and under Section 3 (2 (i) and (ii) of the Terrorists and disruptive Activities (Prevention) Act, 1987 (hereinafter referred to as the 'act').
(2.) The allegations on the basis of which these appellants took their trial are that on 2/7/1992 between 4.30 p. m. and 9.30 p. m. , these four appellants along with two other absconding accused and 500 other persons belonging to Muslim community formed themselves into an unlawful assembly, all of them carrying stones and knives with the common object of throwing stones and creating terror among the individuals of Hindu community and to cause physical injuries and to commit murder, looting, dacoity as well as to attempt of murder etc. etc. and in pursuance of the above-mentioned common object threw stones on the procession of Rath Yatra taken by the Hindu community.
(3.) The trial court after accepting the evidence of PWs 1 and 2 and relying on the various other circumstances appearing in the case found these four appellants guilty of the offences punishable under S. 143, 147, 148 Indian Penal Code, under Section 135 (1 of the Bombay Police Act and under Section 3 (2 (ii) of the Act and convicted them thereunder. However, these appellants were found notguilty and acquitted of all other offences punishable under S. 302, 307 read with Section 149 Indian Penal Code, under S. 336, 332, 395 and 435 read with Section 149 Indian Penal Code. The sentences imposed on the appellants are three months' RI for the offences under Section 143, one year Rl and fine of Rs. 500. 00 for the offence under Section 147, two years' Rl and a fine of Rs. 500. 00 for the offence under Section 148 with the default clauses and three months' RI for the offence under Section 135 (1 of the Bombay Police Act and 8 years' RI for the conviction under Section 3 (2 (ii) of the Act. The sentences imposed on each of the appellants/accused as above-mentioned are directed to run concurrently.;