JODHA KHODA RABARI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) On 20th September 1984 the people of Mangadh, a small village of Bhavnagar District experienced a horrifying nightmare when there was a carnage resulting in ten brutal murders in a span of less than two hours, committed by a Group of assailants by their wanton firing and use of other weapons at unarmed innocent victims. According to the prosecution, the accused did this with a view to settling the scores with the Patels, who were acquitted in a case, arising from the incident of 1982 where three Darbars (Rajputs) had lost their lives. Of course, in between, there were many criminal cases between them. Thus, in the present proceedings, we are required to deal with a case where revenge or vendetta is alleged to be the sole motive. The present appeals arise out of the judgment and order of conviction and sentences rendered in Sessions Case No. 5 of 1985, with which was consolidated, Sessions Case No. 124 of 1985, by the learned Sessions Judge, Bhavnagar, who at the end of the trial convicted the accused for various offences and inflicted various sentences.

(2.) It may be stated that there were twelve accused who were charged for the offences under Ss, 120 B, 143, 147, 148. 302 read with Ss. 149, 302 read with S. 114, 302 read with Ss. 34, 302 read with Ss,120B, 307 read with Ss. 149, 307 read with Ss. 34. 307 read with Ss, 114 and 307 read with S. 120B, I.P.C. Some of the accused were also individually charged for the offence of murder and attempt to commit murder punishable under Ss.302 and 307 of the Indian Penal Code and all the accused were also charged for offence punishable under S.25 of the Arms Act.

(3.) At the end of trial, the learned Judge by his judgment and order dated 14th December 1987, convicted accused No. 11 for committing the murder of Diwaliben. For the murder of Diwaliben the rest of the accused were convicted on the principle of vicarious liability u/S.149, IPC. Similarly, all the accused were convicted under S.302 read with S.149, IPC for committing the murders of Jairam Bhagwan and Odhavji Bhagwan. Accused No. 11 was further convicted for committing the murder of Parshottam Jaga and Popat Lakha. Accused Nos. 8, 10, 11 and 12 together with accused Nos.1, 5, 7 and 9 were convicted for the murder of Gordhan Lakha. Similarly, in respect of death of Babu Bechar, accused Nos. 5, 8, 11 and 12 together with accused Nos.1, 2, 7, 9 and 10 came to be convicted. In respect of death of Madhu Khoda and Nagji Khoda accused No. 11 came to be convicted for murder and in respect of those deaths the remaining accused came to be convicted with the aid of S. 149. IPC. It may be stated that in the main incident, not only the three persons were done to death but some four others had been injured. In respect of the injury to Pragji Mavji - the complainant, all the accused came to be convicted for an offence under S. 324, IPC. In respect of injury to Madhu Naran accused No. 12 principally and the other accused with the aid of S. 149 came to be convicted for an offence under S. 307,IPC. In respect of injury to Parshottam Mulji accused No. 8 principally and the other accused with the aid of S. 149 came to be convicted for an offence u/S. 307, IPC. In respect of injury to Dhanji Bhagwan accused No. 11 principally and the other accused with the aid of S. 149 came to be convicted for an offence under S. 307. IPC. Accused Nos. 1, 2, 5. 8, 9, 11 and 12 also came to be convicted for an offence under the Arms Act and all the accused also came to be convicted for an offence under S. 120B of the Indian Penal Code. For the offence of murder all the accused have been ordered to suffer imprisonment for life, and fur other offences various terms of imprisonment and sentences of fine have been imposed upon them.