NAVSING THAVARIA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE appellants in this ease ware convicted for an offence under Section 399 of the Indian Penal Code and each of them was sentenced to suffer rigorous imprisonment for one year by the learned Additional Sessions Judge, Panchmahals, Godhra in Sessions Case No. 19 of 1965.

(2.) THE prosecution case was that on October 18, 1964, Head Constable Naharsing Sardarsing Sisodia was at Jesavada outpost for keeping 'Baudobast' i.e., for maintaining law and order in the village. There was a communal riot at Dohad and the situation in the villages of Jasavada was very tease. The head constable had called the leaders of the village and was holding a meeting. The Head Constable was requesting the people not to support any rumours and to maintain peace in the village. While the meeting was in progress at about 9.00 P.M. the Head Constable was informed that 1500 Bhils bad collected with arrows, bows, dharias, sticks etc., in Kalal Falia of the village The Head Constable, with four constables and other persons proceeded to Kalal Falia. On seeing the police, the Bhils who constituted the crowd began to run away. The Head Constable asked the Bhila to return and about 500 Bhila came near the Head Constable. The Head Constable asked them why they had come to the village. The Bhila who had come near the Head Constable stated that they had come to loot the village as the shops at Dohad were looted. They further stated that they would not go back even if they were to die. The Head Constable and others persuaded them to leave the place but they did not agree. The Head Constable then came in the village and blew whistles. He requested the village people to help him. The Head Constable and villagers went near the crowd and the Head Constable threatened the Bhila that he would open fire if they did not disperse. The Bhila seceded and abused the Head Constable and others. The Head Constable seat the report with Baburao to the police station, Dohad. After some time, the Dy, Inspector General of Police came with State Reserve Police and the 'Bandobast' was maintained in the village. The Bhila left the place as the police oars arrived. The Head Constable then wrote the occurrence report. It was the prosecution case that all the appellants were in the crowd. On these allegations the appellants along with others were charged for an offence punishable under Section 899 of the Indian Penal Code i.e., making preparation for committing dacoity.

(3.) AFTER discussing the evidence led by the prosecution in paras 4 and 5, the judgment proceeded; - (6) The evidence of the prosecution witnesses proved the following facts: