TAKHAJI HIRAJI Vs. THAKORE KUBERSING CHAMANSING

JUDGEMENT

(1.) Eight accused persons were charged for having committed offences under Sections 147, 148, 302/34/149, 307/34/149, 302/307/109, 325, 325/34, 324 and 324/34 of the Indian Penal Code. The Trial Court acquitted accused Nos. 3, 4, 6, 7 and 8 of all the offences charged and set them at liberty. Accused Nos. 1, 2 and 5 were held guilty on different counts as will be stated shortly hereinafterwards and convicted and sentenced. They preferred an appeal before the High Court of Gujarat which was heard by a Division Bench. By the impugned judgment dated 14-12-1983 the appeal has been allowed and all the three accused-respondents have been acquitted. The complainant, Takhaji Hiraji who had lodged the first information report of the incident and was himself an injured person has preferred this appeal by special leave putting in issue the acquittal of accused Nos. 1, 2 and 5. Later on the State has also filed an appeal by special leave. Both the appeals have been heard together.

(2.) A small village Dugrasan, Taluka Shihori in the State of Gujarat witnessed a joyful evening of 23rd March, 1980 being converted into a horrific tale of crime where violence was let lose between two communities, otherwise friendly and living together happily, resulting into death of 3 persons and simple and grievous injuries to several others. It appears that the village has population consisting mainly of Thakores and Kolis. Thakores treat themselves as upper caste and look down upon Kolis as their inferiors. On the date of incident, in the evening, the village people had collected in the chowk, an open space in the heart of the village to witness the performance of tight rope dancers. A rope is tied tightly on two poles installed at a reasonable distance from each other. On the tight rope moves a dancer. The performance includes tight rope walking with utensils on the head of the dancer. The performer is rewarded by making a bid amongst the viewers; one who's bid is the highest has the honour of lifting and putting down the utensils from over the head of the dancer. The highest bid is thus symbolic of honour to the bidder and a reward to the performer. Witnessing the performance were Thakores of the village and so also the Kolis. Two petromax were burning to provide illumination. As the show neared its end Thakore Magansing Dadusing, the accused No. 2 made a bid for lifting the utensils. But the deceased, Amuji Narsangji Koli made a higher bid which was protested to by Gajrabai, the accused No. 5 saying why the Kolis were bidding higher than the Thakores. There was a heated exchange of words followed by a quarrel and then knife and dagger being stretched out and wielded.

(3.) According to the prosecution Magansing, accused No. 2 had taken out a knife from his waist by which he dealt blows on Sabuji Viraji and Amuji Narsangji. Kubersing, accused No. 1 gave a dagger blow in the abdomen of Amuji Narsingji. Kubersing also caused a stab wound to Narsingji Hiraji. Magansing, accused No. 2 also gave a knife blow on the back of Amuji Narsingji. Magansing also caused injury to Sabuji in his abdomen. Accused 1 and 2 caused injuries by sharpedged weapons to other witnesses also belonging to Thakore community who tried to intervene. Gajrabai, accused No. 5 gave a stick blow to Viraji Devaji causing a fracture of his hand. Other accused, excepting Nos. 1 and 2 were throwing katars, sticks, clubs etc. by which several other persons got injured. All other villagers and group of dance performers ran away from the chowk leaving the injured and the accused persons behind. After causing several injuries the accused persons left the chowk for their houses. The injured persons belonging to Thakore community were being taken to their houses but some of them found it difficult to walk. They sat down on the otta of Kalkamata Temple. A camel-cart was summoned. On it all the injured were seated and taken to Shirohi where they reached the dispensary at about 11.30 p.m. Narsingji Hiraji succumbed to his injuries on the way. Sabuji Viraji was taken to Mehsana where he too died on account of his injuires. Amuji Narsangji was taken to Dessa and he died thereat. Takhaji Hiraji one of the injured persons, leaving behind the seriously injured persons in the hospital at Shirohi went to the police station and lodged FIR of the incident. The police registered crime under Sections 302, 307 and several other sections of the Indian Penal Code and commenced investigation. Autopsies on the dead bodies of Narsangji Hiraji, Sabuji Viraji and Amuji Narsangji were conducted. All other injured persons were also medico-legally examined. It is not necessary for us at this stage to notice such details of the incident as have become insignificant consequent upon 5 of the 8 accused persons having been acquitted by the Trial Court and their acquittal having remained unchallenged. We will only notice such details of the prosecution case as are relevant and significant for the purpose of testing legality of the acquittal of the three accused respondents as recorded by the High Court.