Dhirubhai Bhailalbhai Chauhan & Anr. vs. State of Gujarat & Ors. (SC)

Penal Code, 1860–Secs. 153(A), 295, 436, 332, 143 & 147 [Corresponding Secs. 196(1), 297, 326(g), 121(1), 189(2) & 191(2) of BNS, 2023]–Conviction of appellants by the HIgh Court–Sustainability–Facts of case reveal that there was a very large rioting crowd–No curfew was imposed at the relevant time–Movement of residents of the area was not prohibited which means that the appellants could venture out of their home to watch what was happening arround–In the melee, seven persons including the appellants were arrested and named in FIR without ascribing any specific role of them–Appellants were the residents of the same village where riots broke out–Their presence at the spot is natural–It is not the case of prosecution that they had come with arms or instruments of destruction–Only on the ground of presence at the scene of crime, an inference could not have been drawn that the appellants were a part of the unlawful assembly–Appellants are entitled to be acquitted.