BHAGUBHAI MANILAL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) These Criminal Appeals by the three appellants, namely, Bhagubhai Manilal, Chinubhai Manilal and Rajnikant Chhaganbhai have been directed against the common judgment dated 30-4-1984 passed by the High Court of Gujarat dismissing the Criminal Appeals Nos. 906/81, 907/81 and 1072/81 preferred by the appellants against their convictions under Section 302/34 of the Penal Code for which they were sentenced to undergo life imprisonment by the Additional City Sessions Judge, 7th Court at Ahmedabad in Sessions Case No. 116/81 decided on 31-8-1981.

(2.) The prosecution case was that the buffalo belonging to the acquitted accused Maheshbhai. Shivabhai was missing and he along with several other Patels of the village visited the Harijans Colony twice in search of the buffalo but the buffalo could not be traced out. According to the prosecution in the early hours of 29-12-1980 about 10 Patels of the village went to the field of Jaswant Singh and brought the deceased Shakrabhai Premabhai Harijan to the Panchayat Office on the allegation that he had committed theft of a wrist-watch and a blanket, where it is said, he admitted to have committed the theft of the wrist watch which he handed over to them. The further case of the prosecution was that out of those 10 Patels, 5 persons, namely, the three appellants' herein and the acquitted accused No. 8 Manubhai and Accused No.9 Anilbhai entered the room where Shakrabhai was taken, poured kerosene on his person and set him afire. Thereafter Shakrabhai was taken to the Osri of Panchayat Office where the fire was extinguished. Meanwhile Ramanbhai, P.W. 5 the brother of Shakrabhai arrived there and on his asking Shakarabhai told him that one of the 5 accused had poured kerosene on him and his clothes were set on fire by igniting two match-sticks and then the appellant Bhagubhai dragged him out. Ranchhodbhai. P.W. 12 gave message to the police and, therefore, the police also arrived at the place of occurrence. The requisition was sent to the Executive Magistrate and the injured Shakrabhai was removed to the hospital by the police in an Ambulance. The Executive Magistrate arrived at the hospital and recorded the dying declaration Ext. 37 of the deceased Shakrabhai between 12.15 to 12.45 p.m. The statement Ext. 57 of Ramanbhai, P.W. 5 was recorded by the Police Inspector. P.W. 17 which was sent to the Police-Station for registration of offence.

(3.) Besides the three appellants named above, six other co-accused were also arrested and tried along with the appellants. At the trial the acquitted accused as well as the appellants denied their guilt and pleaded false implication. The appellant Bhaghubhai in his written statement took the plea that the deceased was made to sit in the Panchayat Office at about 6.30 a.m. where on being questioned he admitted to have committed the theft and produced a wrist-watch which was seized under a Panchnama and when he was about to send the report thereof he heard the cry that something was burning in Panchayat Office. He, therefore, went to the Osri of Panchayat Office and when one Somabhai opened the door of the record room. Shakrabhai came out running from said room in Osri in burnt condition and fell down in Osri. He brought a quilt and put it over the body of Shakrabhai in order to extinguish the fire. Thereafter, he being police Patel prepared a report stating that Shakrabhai had committed theft and had burnt himself and sent the same to Narol. He further made the statement that he went to Radio-Station at 8.15 a.m. and telephoned for the Ambulance as a result of which the Ambulance came in which Shakrabhai was taken to the hospital.