- (1.) Seven persons were tried by the Additional Designated Court, Ahmedabad under Secs. 143, 149, 148, 302/149, 307/149, 452, 395, 435, 436, 427, 323, 336 and 188 of the Indian Penal Code, Sec. 135(1) of the Bombay Police Act and Secs. 3(2) of the Terrorist and Disruptive Activities (Prevention) Act, 1987 ("TADA" for short). On conclusion of the trial the Designated Court acquitted three of them of all the charges and convicted the four others under Sec. 307 read with Sec. 149 I.P.C. and Sec. 3(2) of TADA. Two of them were also convicted under Sec. 135(1) of the Bombay Police Act. Against their conviction and sentences the four convicts (hereinafter referred to as the appellants) have filed one of these appeals (Criminal Appeal No. 103 of 1994) while the other (Criminal Appeal No. 387 of 1995) has been filed by the State of Gujarat against their acquittal of the other offences. Bereft of details the prosecution case is as under.
(2.) In the wake of the demolition of Babri Masjid in Ayodhya on December 6, 1992 a mob of about 700 to 1,000 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. 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. The appellants were the members of one of such mobs comprising 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 bonds of rickshaws parked on the roadside and attempted to kill Bharat Kanaiyalal Modi.
(3.) The defence of the appellants, who pleaded not guilty, was that they were implicated on suspicion.;