STATE OF GUJARAT Vs. RAMJI DEVSI BHIL

JUDGEMENT

(1.) . The facts leading to this Criminal miscellaneous application be briefly stated. In Sessions Case No. 91 of 1984 one Ramji Devsi Bhil alias Chakla was also arraigned as accused along with other five accused. All of them were charged for offfence punishable under Section 302 read with Sections 147, 148 & 149 of I. P. Code and an offence under Section 135 of the Bombay Police Act. Alternatively, they were charged for offence punishable under Section 302 read with Section 34 of I. P. Code and also for offence punishable under Section 37(1) of the Bombay Police act. It is alleged that on 8/06/1984 at about 1.30 p.m. at village Chalva, Taluka Deodar, in the field of one Rabari Malabhai all the acccused had assembled unlawfully and had caused injuries to one Kanjibhai Bhanabhai by means of deadly weapons, like 'Katar' (a crescent shaped weapon) and sticks. It was also alternatively alleged that all the accused had Common intention'of causing death of deceased Kanjibhai and in furtherance of their common intention they had caused injury by means of deadly weapons on the person of the deceased and thereby caused his death; that at the time of committing the aforesaid offence the accused were in possession of deadly weapons in contravention of the relevant notifications issued under the relevant provisions of the Bombay Police Act and thereby the accused were also charged for committing offence punishable under Section 37(1) read with Section 135 of the Bombay Police Act. The charge was framed on 2/04/1985.

(2.) Accused No. 3 Bhil Chakla alias Ramji Devsi submitted an application Exh. 13 to the Court of Sessions on 18/04/1985 praying that he be granted pardon and he be examined as approver. The application was submitted through the Superintendent, Palanpur Sub Jail. The learned Additional Sessions Judge, after hearing the learned Public Prosecutor and the advocate for the accused passed a detailed, reasoned order and allowed the application, as per his order dated 7/05/1985. The learned Additional Sessions Judge directed that accused No. 3 (i.e. Bhil Chakla alias Ramji Devsi) be given pardon on condition that he makes a true and full disclosure of the whole of the circumstance within his knowledge, relating to the offence, and his statement may be recorded under Section 164 of the Criminal Procedure Code on 9-5-1985.

(3.) Thereafter on behalf of other five accused Criminal Revision Application No. 229 of 1985 was filed in this High Court challenging the legality and validity of the order passed by the learned Additional Sessions Judge granting pardon to original accused No. 3. That revision application came up for hearing before this High Court (Coram: A. S. Qureshi, J.) on 3/06/1985. Learned Counsel appearing for the applicants- original accused withdrew the revision application and thereupon the Court passed the following order: