STATE OF GUJARAT Vs. ADAM FATEH MOHMED UMATIYA

JUDGEMENT

(1.) This is an appeal by special leave from the judgment dated 8 and 9 February, 1968 of the High Court of Gujarat acquitting accused No. 1, 2, 3, 4 and 7 of the charge levied against them and setting aside the conviction Under Section 302 read with Section 149 and Section 34 and Sections 147 and 148 of the Penal Code, 1860 and the sentence of imprisonment passed by the Sessions Judge.

(2.) The appellants were accused No. 1, 2, 3, and 4 and 7. They were charged for having formed an unlawful assembly with the common object and intention of killing five persons, namely, Allauddin Allimohmed Marodia, Allauddin Nasir Kadiwalla, Suleman Janmohmed Sunsara, Suleman Vazir Mukhi and Noormohmed Ibrahim Badarpura and in the prosecution of that common object and intention accused No 1 had armed himself with a gun accused No. 2 with an axe & knife, accused No. 3 with an axe, accused No. 4 with a dharia and thus committed an offence punishable Under Section 302 read with Section 34, Section 302 read with Section 149 and Sections 147 and 148 of the Penal Code, 1860. Accused No. 1 was also individually charged for committing the murders of the aforementioned five person. Accused No. 2, 3, 4 and 7 were charged for causing injuries to all the five persons with axe and dharia and thus each of them was charged for having committed an offence punishable Under Section 302 of the Penal Code, 1860. Accused No. 1 was further charged for an offence punishable Under Section 25(1)(a) of the Indian Arms Act and accused No. 3 and 4 were charged for robbing the wrist-watches of the deceased and thus having committed an offence punishable Under Section 404 of the Penal Code, 1860.

(3.) The accused belonged to a sect called "Barelvi". The five deceased belonged to sect called "Dev-Bandhi". There were religious differences between the two sects. The Dev-Bandhis believed that God is the only one omniscient while the other sect believed that the Prephet is also omniscient along with God. The Dev-Bandhis had followers of about 50 to 60 families. The Barelvis had many followers of about 300 to 400 families. The two sects belonged to village Basu in the Vadgam Taluka of the Banaskantha District in Gujarat There was a waqf in the village and trustees were appointed regarding the management of the properties. One of the trustees was father of accused No. 1. There was another trustee of the Dev-Bandhis There was one Maulvi who belonged to the Barelvis. The followers of the Dev-Bandhis wanted a separate teacher for their children. The two sects were at logger heads.