STATE OF GUJARAT Vs. SHANKERJI CHATURJI

JUDGEMENT

(1.) . This acquittal appeal was admitted and is heard against the accused Nos. 1, 3, 5, 6, 14 to 17, 21 and 22 as it was not pressed against rest of the respondents as recorded in the admission order dated 4-3-1986. This appeal is directed against the acquittal of these accused persons who were tried for the offences under S.147, 148, 149, 307, 323, 324, 325 and 337 of the Indian Penal Code.

(2.) . The prosecution version is that on 10-9-1983, at about 9 or 9-30 A.M., the complainant Gandaji Thakor alongwith Jakshibhai Valjibhai Rabari, Raghunathbhai Khodabhai Rabari, Bhagwanbhai Nathabhai Rabari and Ranaji Jenaji Thakor had gone from village Moraiya to Bavla in a tractor driven by Vithalbhai, to sell 165 maunds of paddy which belonged to Harjibhai Nathabhai. They reached Bavla around 10-10.30 A.M. After selling the paddy, making some purchases and taking snacks, they started for the return journey from Bavla around 1-45 P.M. At that time driver Vithalbhai Chhotabhai Vasava was driving the tractor and the complainant Gandaji was sitting by his side and others were sitting in the trolly attached with the tractor. When they reached near village Pilupura, at around 3 P.M., they were intercepted by Thakors and Bharwads of Pipulura by placing their tractor on the road against the tractor of the complainant's side. They were around 60 to 70 in number, armed with 'dharias', 'kodalis', spades, spears, sticks and other weapons. The prosecution version is that at that time their assailants started pelting stones, one of which hit the driver Vithalbhai on his head. The tractor was, therefore, taken by the driver on the side of the road and it slided down the slope into a "chokdi". These persons, therefore, alighted from the trolly and statrted running to save themselves. According to the prosecution, 22 persons were identified from the assailants who were charged as the accused. These persons had caused serious injuries to Jakshibhai Valjibhai Rabari, Raghunathbhai Khodabhai Rabari and Bhagwanbhai Nathathai Rabari by deadly weapons as a result of which they fell down. They also caused injuries to Raghunathbhai, the complainant Gandaji and the driver Vithalbhai, who then escaped from that spot. It is alleged that Gandaji had witnessed the entire incident from behind a nearby bush. According to prosecution case, after attacking the injured persons, the assailants had run away. Thereafter, while the complainant was going towards their village Moraiya, he met one Maljibhai Govindbhai and Ramjibhai Thobanbhai coming in a tractor in which driver Vithalbhai and Ranaji Jenaji were also there. He also got into the tractor and they proceeded towards their village. They then met Harjibhai Nathabhai and Chandubhai driver in a matador who were coming from Ahmedabad. Thereafter, they went to the place of the incident where Jakshibhai, Raghunathbhai and Bhagwanbhai were lying with serious injuries in a ditch. These injured persons were then taken in the matador to the hospital at Sanand for treatment. The complaint was filed on the same day at 5-15 P.M., at Sanand Police station, i.e., within about 2 1/2 hours of the incident. Charge-sheet was submitted against 22 accused persons on 20-12-1983 in the Court of Judicial Magistrate, First Class, Sanand, for the aforesaid offences. As the offence under S.307 of the Indian Penal Code was triable by the Sessions Court, the learned Magistrate, on 13-1-1984 committed the case to the Court of Session. The charge against the accused was framed on 23-4-1984 by the Sessions Court and all the 22 accused pleaded not guilty to the charge levelled against them.

(3.) . The defence version was that there was prior enmity between the parties on account of a dispute in respect of the land known as "Moraiya Farm'. There were several cases filed by Harjivan Nathabhai, who is brother of Bhagwanbhai Nathabhai, against some of the accused persons and others and only some time back some of the accused persons and others were acquitted of the charges of S.307 of the Indian Penal Code. According to the defence version, as the accused persons having been acquitted in all the cases filed against them, they are sought to be again falsely implicated in the present case because of the land disputes. It is contended that Harjibhai Nathabhai and Popatbhai Kalubhai were managing the Moraiya Farm and the disputes were generated because of their attidude. It is also the defence version that the Rabaris had beaten Natubhai and Chhotubhai of village Pilupura and there had been a quarrel between Natubhai and Chhotaji and their party on one side and the injured party on the other, and these accused persons have been falsely implicated at the instance of Harjibhai Nathabhai and Popatbhai Kalubhai.