RANIYA BHIMA BHIL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) These two appeals from the Jail first one by Raniya Bhima Bhil and 8 others, and second one by Shankar Bhima Bhil respectively are filed against the common judgment and order dated 27-5- 1991, rendered in two Sessions Case Nos. 214/90 and 227/90 respectively, passed by the learned Additional Sessions Judge, Surat, wherein on their coming to be tried for the alleged offences punishable under Sections 302, 323, 143, 147, 148 and. 149 of IPC, were at the end of the trial, ordered to be convicted for the same and sentenced to undergo imprisonment for life and other minor sentences as stated in detail in the impugned order.

(2.) To give the synopsis of prosecution case, the incident in question took place on 19-5-1990 at 1.00 p.m. near the house of Vania Bhima Bhil (accused) at village Sarvala, wherein as many as five persons, viz. Jaysing Rupsing, Rupsing Bhailal, Tarachand Sukhlal, Bhaising Rupsing and Ramu Gonia were instantaneously done to death, and five others, viz. Silkuben, Mfraben, Bansi Bania, Savitriben and Karan received injuries at the hands of 15 accused persons who were armed with axe, dangora (wooden), sticks, knife, sickle, etc. The initial prosecution version, as it gets unfolded from the FIR (Exh. 34) filed by Silkuben is to the effect that the accused Nos. 1 & 2 were members of the milk dairy at village-Sarvala. It is alleged that the persons who were supplying milk to the said dairy were not made the payment for the same for two months. In this regard, Jaysinh Rupsinh (husband of Silkuben) had also made a grievance against the said accused Nos. 1 & 2 inquiring as to why they were not making the payment of the milk sold to them. It is because of this that the accused Nos. 1 & 2 were bearing grudge against them. Because of this dispute over payment of milk money, she and her husband were beaten about 4 to 5 times, regarding which complaint was filed before the police, and pursuant to the same, action was also taken against respondent Nos. 1 & 2. It is further alleged in the FIR that on 18-5-1990 at 3-00 p.m. Shankar Bhima (Appellant - accused No. 9) who happens to be the elder brother of the accused Nos. 1 & 2 had come to the house of Jaysing Rupsing in a drunken condition with a stick in his hand and had given abuses. As a result, on 19-5-1990, Jaising Rupsing, her husband, Bhaising Rupsing brother of her husband; Rupsing Balaji her father-in-law; and Tarachand Sukhlal her brother-in-law had gone to the house of Shankar Bhima just to reprimand him taking exception as to why he had come to his house in their absence and give filthy abuses yesterday. Thereafter, after some time on hearing some quarrel, Silkuben went there, where she saw Rania Bhima, Vaniya Bhima, Bhima Soniya, Pratap Jamalia (absconding), Jamalia Chhania, Magan Palsing, Jagan Palsing, Shankar Bhima, Oeva Balji (all accused persons) and six other female members of the accused forming an unlawful assembly, they started beating Jaysingh Rupsing, Bhaising and Tarachand with the respective weapons in their hands. Not only that but Jaysingh and Bhaising when they tried to escape, they were chased and assaulted, as a result of which they fell down. At that time, Shankar Bhima gave 3 to 4 stick blows to Karan and thereafter Vimlaben, Sidi gave a blow with a sickle, while Dagiben Raniya, Lilaben Vaniya and Somiben gave kicks and fist blows to Silku, as a result, thereof Silkuben find her son Karan escaped and hide themselves in the standing crop of sugar cane. Thereafter, since all these accused persons were searching them for beating, she and her son Karan made good their escape and went to Nizer Police Station for filing the complaint. At that time, Lalsing Rupsing who happens to be brother-in-law of Silku met her there and informed that Jaysing and Tarachand were murdered and that Miraben, Bansi Maniya and Savitri Rupsing were further beaten and they were lying injured in the house. On the basis of these facts, Silkuben filed a complaint (Exh-34) before PSI, Nizer Police Station, which was at a distance of 9 kms. from the scene of offences on 19th May 1990 at 5-40 hours for the aforesaid alleged offences against 15 accused persons.

(3.) After the investigation was over, the present 9 appellant-accused persons and six other female accused came to be charge- sheeted to stand trial for the aforesaid alleged offences, and on the basis of which the learned Additional Sessions Judge, Surat, framed the charge alleging that all the accused persons formed an unlawful assembly with a common object to murder five persons and to injure five persons as stated in detail above.