'No Material': Karnataka High Court Upholds Order Acquitting 8 Of Rioting Inside Mosque, Attacking Persons Offering Prayers

The Karnataka High Court recently upheld a trial court order which had acquitted eight men accused of rioting and attempt to murder persons inside a mosque who were offering prayers, observing that there was no material available against the accused persons. A division bench of Justice HP Sandesh and Justice Venkatesh Naik T in its order noted:"Though PWs.1 and 2 have deposed regarding intention to take away their life, but they have sustained only one injury. If accused No.1 really had intended to commit the murder, he would have inflicted more number of injuries, but PWs.1 and 2 have sustained only one injury. It is also important to note that the Court has to take note of material contradictions in the evidence of other eyewitnesses and they have also spoken that others have also assaulted with stones, however, there are no stone injuries either on PWs.1 and 2.Hence, the evidence of other witnesses cannot be believed with regard to the injuries caused by others with stones and also it is clear that stones were found outside the Masjid and not inside the Masjid. In order to connect accused Nos.2 and 3, specific allegation is made that both of them have conspired, but there is no direct evidence with regard to conspiracy and conspiracy would be proved only by placing on record the circumstantial evidence. In order to substantiate the same, no material is placed before the Court either oral evidence, or documentary evidence. Hence, the trial Court, having taken note of the fact that there is no material available against accused Nos.2 to 9, rightly acquitted them". The court was hearing State's appeal against sessions court's 2017 order acquitting accused Nos.2 to 9. Meanwhile accused no. 1 had also filed an appeal challenging his conviction under Sections 326 and 307 IPC. The prosecution alleged that on 18.10.2013 at about 12:20 p.m., accused Nos.1 to 9 being members of unlawful assembly and armed with deadly weapons like knife and stones with a common object, had used the weapons for committing rioting at a mosque situated in Melangadi of Ullal Village. It was alleged that all of them conspired to commit illegal act and caused hurt to prosecution witnesses 1 and 2 (PW1 and PW2) when they were sitting to perform Friday prayers. It was alleged that all the accused persons had breached public peace in the same community, entered into the Masjid wherein accused No.6 intentionally abused PW1 in filthy language and accused No.1 voluntarily caused grievous hurt to PWs.1 and 2 by means of a knife. Both the witnesses were shifted to the hospital and based on the statement of witness the case was lodged under Sections 120B(criminal conspiracy), 143(punishment for unlawful assembly), 147(punishment for rioting), 148(rioting with deadly weapon) and 307(attempt to murder) read with Section 149 (common object) of IPC. The trial Court said that there was no conspiracy between accused Nos.2 and 3 and so also, with other accused. In the absence of any material for conspiracy and also overt act of other accused persons, the trial Court came to the conclusion that the prosecution not proved the case against accused Nos.2 to 9. It however convicted accused No.1 taking note of the fact that he had inflicted injury on PWs.1 and 2, convicting him under Sections 326(voluntarily causing grievous hurt using dangerous weapons or means) and 307 (attempt to murder)IPC and imposed rigorous imprisonment for ten years with fine of Rs.5,000/- for both the offences against accused No.1.The State argued that the incident has taken place inside the Masjid wherein all the accused persons, by forming unlawful assembly, and had shared a common intention in furtherance of common object. It was argued that accused No.1 entered the Masjid with knife along with other accused who carried stones and inflicted injury on the people who were offering prayers at the mosqueThe bench further noted that the alleged incident had occurred "between the very same religion and the very same sect with regard to conducting prayer and administration of Dargah".With respect to the conviction of accused no. 1 the court noted that the incident had taken place in 2013 wherein the other accused persons have been acquitted by extending the benefit of doubt. "Taking into note of the rival conflict between the same community as well as incident had taken place in the year 2013, it would not be apt for the Court to take note of mens rea for invoking Section 307 of IPC. The trial Court committed error in invoking both Sections 326 and 307 of IPC. Therefore, accused No.1 is convicted only for the offence punishable under Section 326 of IPC and the sentence is reduced from ten years to one year with fine of Rs.7.00 lakh taking into consideration of the fact that the incident had taken place between the same sect and same community and now, PW2 and accused No.1 are residing as neighbours and leading happy and peaceful life. Further,...

'No Material': Karnataka High Court Upholds Order Acquitting 8 Of Rioting Inside Mosque, Attacking Persons Offering Prayers

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