SHANKER DAJI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The appellant-Shankar Daji and 18 others who came to be tried alongwith other three accused (acquitted) viz. (I) Shankar Dharma (2) Madhu Bapji and (3) Lakhia Ramji for the alleged offences punishable under sections 302 323 324 325 326 147 148 and 149 of the IPC by the learned Additional Sessions Judge Bulsar in Sessions Case No. 76/84 were at the end of the trial ordered to be convicted and sentenced for various minor offences as stated in detail in the impugned judgment and order dated 22 It may be stated that all the appellants were acquitted of the offence punishable under section 302 of the IPC and that the original accused nos. 14 15 and 16 abovenamed came to be acquitted of all the charges against them. It may also be incidentally stated that as against the impugned judgment and order of acquittal the Slate has not filed any appeal.

(2.) According to the prosecution the incident in question wherein Dharma Sukar who was stoned to death and five others viz. (1) Bai Raiji (PW-2 Ex-31); (2) Bai Ramti Dharma (PW-9 Ex-51); (3) Laxubhai Rupjibhai (PW-13 Ex-58) (4) Maganbhai Laxubhai Varli (PW-11 Ex-53) and (5) Zinubhai Ramjibhai (PW-10 Ex-52) who received some stick and stone injuries at the hands of various accused took place on 23-6-1984 at 15-00 hours in Mani Falia of village-Arni. According to the prosecution both the groups viz. that of the appellants-accused and that of the prosecution witnesses are residents of village-Arni and that there was some enmity between them on account of some election for the office of the Sarpanch of the Village-Arni which was contested by Jiva Chhagan (PW-14 Exh. 59) and the appellant No. 16 Devalia Ravia. In the said election the appellant No. 16 was successful whereas Jiva Chhagan was defeated. It is further the ease of the prosecution that since the relations between the accused side and the prosecution witness were strained the accused were wailing for some opportunity to teach a lesson to the prosecution witnesses. It also further appears from the record that on the day prior to the incident the Appellant No. 1 Shankar Daji had gone to Nani Falia and at that time one Kolu Chhagan (not examined) asking the appellant- How are you Sarpanch whereupon the Appellant No. 1 was annoyed and went to the house of Nanji Jana collected the people of Upla Falia and started raising shouts. At that time the people of Nani Falia collected near the house of Kolu Chhagan and other people of Chinchwada Falia started pelting stone at the people of Mani Falia. It further appears that on 23-6- 19X4 at 15-00 hours the incident in question took place wherein as a result of pelting of stone and stick blows by some of the appellants (as staled in detail in FIR) Dharma Sukar met with death while others received injuries. On the basis of these facts Bai Raiji (PW-2 Exh. 31) filed a complaint (Exh. 67) on 23 at about 20.00 hours before PSI- Babubhai L. Rathod (PW-16 Exh. 66) and after the investigation was over the respondents came to be charge-sheeted for the aforesaid alleged offences before the Sessions Court at Valsad to stand the trial.

(3.) At trial the respondents pleaded not guilty and claimed to be tried. In their further statement under Section 313 of Criminal Procedure Code it is their specific case that as the Appellant- accused No. 16 namely; Devalia Rabia had won the election defeating the rival candidate Jeeva Chhagan (PW-14 Exh. 59) because of the political enmity they have been falsely implicated.