VITHALBHAI NAGARBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) All the three appellants accused have been convicted for offence punishable under Sec. 302 read with Sec. 34 of I.P.C. ant sentenced to suffer imprisonment for life. They are also convicted for offence punishable under Sec. 325 read with Sec. 34 of I.P.C. and sentenced to suffer rigorous imprisonment for one year. They are also convicted for offence punishable under Sec. 341 of .P C. and sentenced to suffer rigorous imprisonment for seven days. All the Sentences were ordered to run concurrently.

(2.) The prosecution case is that the deceased Dahyabhai Bavabhai and his brother Manibhai Bavabhai (injured witness P.W. 2) were going towards Atic Company. The prosecution case is that in Atic Company there was a long standing labour dispute and there was a strike and lock out for a long time. Ultimately there was some settlement with the Management and as a result thereof some workmen had started attending the factory. However the other Union which was not agreeable to the settlement had continued the strike. The appellants accused belong to that Union and the deceased belonged to the Union which was agreeable to the settlement and members of which had started attending the factory. On the date of the incident i.e. on 30-10-1982 in the morning at about 6-30 when deceased Dahyabhai Bavabhai and his brother Manibhai Bavabhai (injured witness P.W. 2) as also an eye witness Bhagubhai Chhaganbhai (P.W. 3) were proceeding for attending the factory from their village Rabda when they reached the sim of village Binwada all the three accused came on a motor cycle and accused No. 1 Vithalbhai Nagarbhai asked the deceased as to why he was going on work in the factory. The deceased replied that Diwali was fast approaching and many other persons had also started attending the factory. Thereupon all the three accused got down from the motor cycle stating that they would see how they go to the factory started assaulting the deceased with iron pipes and iron bars. The deceased received blows on both of his legs and he fell down on the ground. On his brother intervening to save the deceased he was also assaulted with iron pipes and iron bars. P.W. 3 Bhagu Chhagan who was witnessing the incident ran away. The accused also ran alive on the motor cycle stating that this time they have been let off alive but if they tried to go to the factory they would be murdered. On the news reaching the Company a vehicle of the Company came there and both the injured persons were taken to hospital at Valsad. At the hospital Dr. Ramratan H. Ramavati P.W. 14 examined the injured persons at about 8 a. m. Dahyabhai had six external injuries and on X-ray examination four internal injuries were found which are as under:-

(3.) The accused were absconding and were not traceable for the entire month of November and they surrendered to the police 1