APPABHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) These two appeals relate to the same occurrence and arise out of a common judgment dated April 1, 1982 delivered by the Gujarat High Court. Both appeals are before us by special leave granted by this Court on different occasions. The Gujarat High Court confirmed the conviction and sentence against the appellants awarded by the Sessions Judge, Ahmedabad (Rural) at Narol in Sessions Case No. 49 of 1979.

(2.) Accused 1, 2, 5, 6 and 7 have preferred these appeals. They along with three others were prosecuted for the murder of one Trikam and attempt to murder his brother Devji Bhai.

(3.) The incident in which the murder has taken place appears to be an offshoot of the Panchayat election. The Panchayats at the village level are the nurseries of our democracy. But unfortunately, the election to the Panchayat is more often fought on personal level rather than on principle. When the election is fought on personal level, inevitably it leads to bitterness and factions in the village. The village Jalila in taluq Dhandhuka appears to be no exception to this rule. It was alleged by the prosecution that there were two groups in that village - one led by accused No. 1 and the other by Devji. These two groups had cases and counter cases against each other. In the election held accused No. 1 was elected as Sarpanch. He defeated Devji who was previously the Sarpanch of the village. Jadhav who was one of the followers of Devji, had filed a chapter case against the accused. That was in the Court of Dhandhuka. On January 6, 1979, Jadav and accused No. 1 after attending the Court proceedings were returning to the village Jalila by bus. The bus arrived at the bus stand a Jalila at about 5.15 or 5.30 p.m. It was further alleged by the prosecution that at the relevant time accused Nos. 2, 3 and 7 were present at the bus stop. They were in an extremely bellicose mood. They were duly armed. Accused No. 1 got down from the bus, but accused No. 3 poked his spear in the bus, where Jadav was sitting near the window. They were also alleged to have uttered some threatening words. Jadav on seeing that tense atmosphere, thought that the discretion was better part of valour and he did not get down at the bus stop. Instead, he proceeded by the same bus to Sarwala, where he lodged a complaint, in the police station. That complaint has been produced as Exh. 70. It is said that Devji and Trikam had proceeded to Jalila bus stand to catch the said bus as they wanted to go to some place. By the time, they reached the bus stand, the bus had already left and hence they were returning home. There then the incident occurred. The appellant-accused attacked Devji and Trikam and inflicted numerous injuries on them. In all about 18 injuries on the person of Trikam and 9 on Devji. The news of the attack was carried by Rambha to Jivaraj the father of the victims. Jivaraj came to the spot and saw the accused running away after the attack. Immediately, a tractor was brought and the injured were taken to the hospital. Trikam was pronounced dead before any medical assistance could be rendered to him. Devaji however, survived. He had to be treated for a long time as an indoor patient at Ahmedabad Civil Hospital.