VANRAVAN ANANDJI Vs. KOLI VASHRAM PUNJA

JUDGEMENT

(1.) These two appeals by special leave call in question the judgment of acquittal recorded by the High Court on 27th April, 1984, setting aside the conviction and sentence recorded against the respondents by the trial court vide judgment dated 21st December, 1981.

(2.) According to the prosecution case, on 18th June, 1981 between 6 and 6.30 a. m. at the gate of Pipar Street at Village Kodinar, Distt. Amreli, the respondents in prosecution of their common object to commit the murder of deceased Thakershi Anand Ji and to cause hurt to any person who may interfere to save the deceased, formed themselves into an unlawful assembly, armed with deadly weapons and not only caused the murder of Thakershi Anand Ji but also caused injuries to a number of prosecution witnesses. It is alleged that there was bad blood between the accused party and the complainant party on account of political rivalry. The trial court, after recording evidence of the prosecution witnesses, convicted the respondents for offences under Sections 147,148, 323/149, 324/149, and 302/149 and sentenced them to undergo imprisonment for life for offences under Sections 302/149 Indian Penal Code and to varying terms of imprisonment for other offences. On appeal, the High Court, as already noticed, set aside the conviction and sentence of all the respondents and acquitted them.

(3.) Out of the respondents, accused nos. 1,2, and 5 are brothers. Accused nos. 4 and 6 are also brothers and accused no. 3 is their cousin. They all belong to Koli community. So far as prosecution witnesses are concerned, Public Witness-4 Vanravan Anand Ji is the brother of deceased Thakershi Anand Ji while other witnesses belong to their group. Public Witness-4 is the first informant in the case.