CHHAGAN PAMA HARIJAN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The appellants, who are the original accused Nos. 7, 11 and 12 in Sessions Case No. 18 of 1987 on the file of the Sessions Court at Rajkot, have preferred the present appeal on their conviction for the offence punishable under Section 302 of the Indian Penal Code and under Section 37(1) and Section 135 of the Bombay Police Act. The learned Additional Sessions Judge, Rajkot, in the impugned judgment convicted the appellants for the said offences and sentenced them to undergo rigorous imprisonment for life. No separate sentence was imposed on the appellants for the offences under the Bombay Police Act. The learned Additional Sessions Judge acquitted the remaining accused persons of the Sessions Case.

(2.) It is the prosecution case that the appellant No. 2 Pama Vala Harijan with his family members and P.W. 4 Karsan Mula with his family resided at Harijanvas in village Metoda, Taluka Paddhari, Destrict Rajkot. There was some dispute in respect of land between the parties and as such they were not on good terms. At about 5-00 p.m. on November 4, 1986, there was a dispute between the accused No. 13 - Laxmiben and Baluben in respect of taking water. At that time, P.W. 4 - Karsan Mulabhai and his son P.W. 10 - Lakhu were taking tea in their house and it was reported that son of P.W. 4 - Karsan was being belaboured. Karsan and Lakhu therefore went to the scene of offence and found that Kalabhai was lying on the ground. They also found that all the accused persons present there. Accused No. 12 Bijal Pama Harijan was armed with iron pipe; accused No. 11 Pama Vala Harijan had a stick and accused No. 7 Chhagan Pama Harijan was armed with an iron rod. Other accused were pelting the stones. Accused No. 13 Laxmiben had caught hold of the hairs of P.W. 7 - Baluben, who was the wife of deceased Kalabhai. Accused No. 11 gave three stick blows on the back of P.W. 7 Baluben; accused No. 12 gave a pipe blow on the head of P.W. 10 - Lakhu and he fell down there. Karsan tried to intervene and at that time the accused No. 11 gave a stick blow on his right hand. Accused No. 12 also gave a pipe-blow on his right shoulder. P.W. 6 Daya Fatu was present at that time and witnessed the incident. He said to the accused persons that they should stop and that how many were to be killed. Thereafter the accused persons had fled from the scene of offence. The injured Kala, who succumbed to his injuries later at Rajkot Hospital, was removed by rickshaw for medical treatment. Deceased Kalabhai, P.W. 4 - Karsan, P.W. 10 - Lakhu and P.W. 7 - Baluben were admitted in the Civil Hospital at Rajkot. The injured Kala died at 7-40 p.m. on the same day. The complaint Exh. 59 was filed. Karsan, his son Lakhu and his daughter-in-law Baluben were given medical treatment at Rajkot Medical Hospital.

(3.) On completion of the investigation, the appellants and other ten accused persons were charged of being members of the unlawful assembly in prosecution of the common object of that assembly to cause intentional murder of Kala Karsan. The accused persons were also charged for commission of the offence and they were also charged of causing hurt by a dangerous weapon in prosecution of the common object of the unlawful assembly that they had formed. The accused persons were further charged of having caused hurt to the above-named Karsan Kala, Baluben and Lakhu by giving blows by means of iron rods and by pelting stones so rashly and negligently so as to endanger human life or the personal safety of the said three persons. It was also alleged that the accused persons were armed with deadly weapons in contravention of the notification Exh. 40 issued by the District Magistrate, Rajkot. All the accused persons are thus charged of having committed offences punishable under Sections 148, 149, 324, 447, 302 of the Indian Penal Code and for the offence under Section 37(1) read with Section 135 of the Bombay Police Act.