SATWARA CHHAGAN KARSAN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Eight persons, namely : (1) Satwara Chhagan Karsan, herein- after referred to as accused No. 1, (2) Satwara Makan Karamshi, hereinafter referred to as Accused No. 2, (3) Satwara Prema Khangar, hereinafter referred to as Accused No. 3, (4) Satwara Rava Karshan, hereinafter referred to asaccused No. 4, (5) Satwara Ramji Chhagan, hereinafter referred to as accused No. 5, (6) Satwara Popat Khangar, hereinafter referred to as accused no. 6, (7) Satwara Naran Karamshi, hereinafter referred to as accused no. 7, and (8) Satwara Rai Rambha Laxman, hereinafter referred to as accused No. 8, were committed to Sessions on various charges under Sections 447, 147, 148, 302, 307, 326, 324, 325 and 34 and 149, Indian penal code In brief the prosecution case was that these eight persons alongwith three others assaulted a number of persons on 10/01/1965 at about 7 a. m. at village Naya Amrapur, Taluka Halvad, District Surendranagar, as a result of which Harji Amba died having received six injuries including incised and penetrating wounds. Bhikha Manji received three injuries, two transverse incised wounds and one oblique penetrating wound ; Premji Shiva received three injuries, two transverse incised wounds and one transverse wheal mark ; talshi Baval received three injuries, one incised wound on the head, an injury on left auricle of left ear, and diffused swelling and deformity of left forearm ; Thakershi Bhikha received as many as nine injuries including incised wounds and penetrating wounds; and Dharamshi Shiva received three injuries. In other words, six persons on the complainant's side received 27 injuries. On the side of the accused two injuries were alleged to have been received by Savji who was a minor and was tried separately alongwith two other minors.

(2.) The prosecution produced nine eye-witnesses to the occurrence including five injured persons and Naran Amba, P. W. 6, and Vella Ganda, p. W. 3. These seven witnesses supported the prosecution story. The two alleged eye-witnesses, Lala Vella, P. W. 12, and Ranchhod Hamir, P. W. 14, did not support the prosecution case fully.

(3.) It is admitted that there was enmity between tire party of the accused and the party of the complainants, but the immediate cause of the occurrence seems to have been a dispute over the right of way over an open land lying between the fields of Shiva Manji and Talshi Baval. Accused No. 1 claim- ed that he had a right of way through this land to his field which lay to the south of the field of Shiva Manji and Talshi Baval. Premji Manji, son of shivaji Manji objected to accused No. 1 using the open land for going to his field. Premji had complained to the village Panchayat regarding this use by accused No. 1 of the open land for access to his field. On 8/01/1965, the Panchayat met in the evening and after hearing both the parties the Sarpanch, Lala Vella, asked both the parties to get the maps which were with the Talati of the village to find out the correct position about the right of way. Premji went to the Talati of Naya Amrapur on 9/01/1965, but he could not be contacted.