DARASING DHYANSING Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The appellants were convicted by the learned sessions Judge, Nadiad of the offences under Section 148 and Sections 332, 342 and 326 r/w Section 149. Indian Penal Code and sentenced to various terms of imprisonment which were made to run concurrently. Their appeal was summarily dismissed by the High Court of Gujarat. Their appeal be special leave has been admitted by this Court..

(2.) The principal contention of Mr. Dholakia on behalf of the appellants is that the High Court was not justified in summarily rejecting the appeal as it raised arguable and substantial points relating to the identity of the appellants it is, therefore, necessary to mention the relevant facts.

(3.) One Shan a Madha of Ram Nagar was engaged in a dispute with regard to a land with one Bai Suraj. Bai Suraj was claiming the land as the mortgagee in possession while Shana Madha was claiming that though the land had been mortgaged with possession, he was in possession under an agreement. During the course of this dispute, Bai Suraj and her Manager Ramanlal Sheth tried to dispossess ShanaMadha by force In this attempt they enlisted the services of some Shikh Rakhawalas, including appellants Darasing and Tarasing. Some days before the present incident which took place on 29-5-1969 a hut belonging to Shans Madha situated in that land was burnt and in that connection an offence under Section 436, Indian Penal Code was registered. Appellants 1 and 2 were arrested by the Police and they appear to have been enlarged on bail by the Sessions Court on 27-5-1969. A day later, Shana Madha's mother Bai Makor, was beaten up and an offence under Section 326, Indian Penal Code was registered. For the investigation of that offence P. S. I. Chaudhary, attached to the Anand Rural Police Station, went to Ram Nagar on the morning of 29-5-1969 along with police constable Shanabhai Mathurbhai After making some enquiries in the village. P. S,. I. Chaudhari accompanied by constable Shanabhai Mathurbhai. Went to the field of Shana Madha. Shana Madha arrived at about 11.00 A.M. and on the arrival P.S. I. Chaudhari started recording his statement. While the statement was being recorded the appellants and five others - who were all Shikh Rakhawalas - came to the spot armed with spears and Farsis and threatened Shana Madha not to involve them falsely. P. S. I. Chaudhari asked them to keep quiet and not to interfere with his duties. The appellants and their companies thereupon became excited and appellant No. 1 Darasing caught hold of the P. S. I. from behind, threw him on the ground and sat upon him. Appellant No. 1 then asked appellant No. 2 to remove the revolver which was attached to the strap worn by the P. S. I Appellant No. 2 forcibly removed the revolves with the leather case form the strap and thereafter, at the instance of appellant No. 1, all his companions started bearing Shana Madha with the stick portion of the spears and Farsis which they were carrying. Grievous hurt was caused to Shana Madha on his legs and hands and thereafter the appellants and his companions ran away towards another village named Sarda. P. S. I. Chaudhari then asked constable Shanabhai Mathurbhai to sit in the field by the side of the injured Shana Madha and went of Ram Nagar village He contacted the Police Patil and from there sent a telephone message to the Police Station for reinforcements. The police Patil went to the scene with others and arranged to remove Shana Madha to the hospital. They brought him to the road side near the canal and placed him in a passing taxi. Just at the time, P. S. I. Chaudhari also came there and got into the taxi. The party then went to Anand. The P. S. I. Got down at the Anand Rural Police Station and Shana Madha was taken to the Anand Hospital. The Medical Officer in-charge of that hospital was on leave. So Shana Madha was removed to Nadiad hospital where, after some treatment, Shana Madha was removed to the s. S. G. hospital Baroda for further treatment. P. S. I. Chaudhari lodged his own complaint at the Police Station and in this complaint he specifically named the present appellants and stated that he would be able to recognize the other companions of the appellants also After investigation, a charge-sheet was sent against eight accused - two of whom were shown as absconding.