STATE OF GUJARAT Vs. NAGINBHAI DHULABHAI PATEL

JUDGEMENT

(1.) This appeal by special leave is directed against a judgment of the Gujarat High Court by which the respondents had been acquitted of the charges framed against them and the conviction and sentences imposed on them were set aside.

(2.) The trial Court of the Additional Sessions Judge, Broach had convicted only A 1, 2, 3, 5, 7, 8, 9 and 13 (for facility, 'A' indicates 'accused') and acquitted the other five accused who were placed for trial before the learned Judge. Apart from the convictions for individual offences, the aforesaid accused were convicted under S. 302 read with S. 149 of the Indian Penal Code (IPC) and sentenced to imprisonment for life plus a fine of Rs. 500/- and in default of the payment of fine, rigorous imprisonment for six months. At this stage, it is not necessary to give any detail of the other convictions because after hearing counsel for the parties and going through the judgments of the Courts below we are satisfied that so far as the charge under S. 302/149, IPC is concerned it has been proved beyond reasonable doubt and the High Court was clearly wrong in reversing the acquittal of the aforesaid accused under these sections.

(3.) This is a case in which two horrendous and ghastly murders were caused and several persons injured on almost insignificant and trivial issues. The facts of the prosecution case have been fully detailed in the judgments of the courts below and it is not necessary for us to restate the same all over again. Nevertheless, we may give a very brief summary of the background and immediate motive which resulted in this unfortunate occurrence.