Supreme Court · 1990 INSC 301 · Decided 5 October 1990

Dilaver Hussain Son of Mohammadbhal Laliwala ETC. v. State of Gujarat and ANR.

Court
Supreme Court of India
Citation
1990 INSC 301 · [1990] SUPP. 2 S.C.R. 108
Case number
CRIMINAL APPEAL No. 259/1987
Decided
5 October 1990
Bench
B.C. RAY, S. RATNAVEL PANDIAN, R.M. SAHAI (3-judge bench)
Outcome
Appeal(s) allowed
Case type
Criminal
Acts & sections cited
IPC Section 302

Headnote

Indian Penal Code: Seaion 302-Crime emanating from com­ munal Frenzy-Law makes no distinction in leading of evidence or of its .assessment-Held on facts prosecution left important lacuna-­ Failed to prove beyond doubc dreadful crime committed by appellants. Terrorist and Disruptive Reference for confirmation. The agitation that started in February 1985 against government D policy of reservation in lhe State of Gujarat turned into communal riots of shocking magnitude between Hindus and Muslims in March 1985, and resulted in mass exodus of Dabgars, a Hindu community,

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