JASHUBHA BHARATSINH GOHIL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Twelve persons namely, Bharatsinh Pathubha Gohil, Dhruvansinh Bharatsinh Gohil, Antruddhsinh Bharatsinh Gohil, Jodha Khoda Rabari, Bhikhubha Shivubha Gohil, Bhupatsinh Bahadursinh Gohil. Kuvarsinh Ajitsinh Gohil, Nirubha, Ajitsinh, Baldevsinh alias Bablubha Sajubha Gohil, Jasubha Bharatsinh Gohil and Mohansinh alias Nathabhai Ranchhodbhai Thaker alias Selanki alias Parma were tried for offences punishable u/S. 120-B read with Ss. 302, 307, 148, IPC read with S. 149, S. 143 and in the alternative under S. 302, 307/34, IPC and S. 25A of the Arms Act by the learned Sessions Judge, Bhavnagar. (For the sake of convenience and brevity we shall refer to the No. of the accused, A1 to A12, in the same order in which their names appear in the Trial Court).

(2.) The Trial Court found that all the accused, as members of an unlawful assembly, under the leadership of accused No. 11 responsible for the death of deceased Diwaliben. It also held all the accused as members of unlawful assembly, responsible for the death of Jaram Bhagvan and Odhavji Bhagvan. In the opinion of the Trial Court, accused No. 11 was also responsible for the death of deceased Purshottam Jaga and Popat Lakha. Further, accused Nos. 1, 5, 7, 8, 9, 10, 11 and 12 with active part played by accused Nos. 3, 10, 11 and 12 were held responsible for the death of Gordhan Lakha. Accused Nos, 1, 2, 5, 7, 8, 9, 10, 11 and 12 with active part played by accused Nos. 5, 8, 11 and 12 were also held responsible for the death of deceased Babu Bacher. The learned Sessions Judge also held guilty all the members of unlawful assembly, with an active part played by accused No. 11, for the death of Madhu Khoda and Nagji Khoda. With regard to injuries caused to Pragji Mavji, all the accused were held guilty for an offence under S. 324, IPC. The Trial Court observed that with regard to the injury caused to Madhu Naran all the accused were guilty of the offence u/S. 307/149, IPC and with regard to injury caused to Purshottam Mulji all the accused were held responsible for the offence under S. 307/149, IPC. The learned Sessions Judge also found that Dhanji Bhagvan had been caused injuries by all the accused and therefore they were guilty of an offence under S. 307/149, IPC. They were all sentenced to undergo life imprisonment for the offence under S. 302, IPC and 302/149, IPC. No separate sentence was, however, imposed for the offence under S. 120-B, IPC. A1, A2, A5, A8, A9, A11 and A12 were also sentenced to suffer rigorous imprisonment of 3 years and to pay a fine of Rs. 1,000/- each or in default to further undergo rigorous imprisonment for six months for the offence under S. 25A of the Indian Arms Act. All the substantive sentences were directed to run concurrently. The accused filed an appeal in the High Court and the State also filed an appeal seeking enhancement of the sentence of life imprisonment to death sentence, since the accused had been found guilty of committing as many as 10 murders. The High Court acquitted A4. Accepting the State appeal in part, it awarded the sentence of death to A11, Jashubha only. The High Court confirmed the conviction and sentence of life imprisonment on rest of the accused. Conviction and sentence for other offences was also maintained. The accused have, by special leave, filed this appeal challenging their convictions and sentences. There is, however, no appeal filed on behalf of A10, who had since been absconding.

(3.) The prosecution case is as follows. Village Mangadh and Chomaland are separated only by a boundary of earth embankment. In 1980 some Patels of village Mangadh committed the murder of 3 Darbars namely, Bhimdevsinh Ajitsinh, son of A9, Khengarbha Chandubha and Sajubha Patubha, brothers of A1. 9 Patels of village Mangadh were tried for the said offence but acquitted. Enmity and hostilities between the two factions continued.