RABARI TALJABHAI VASRAMBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present appeal is filed under Section 374 of the Code of Criminal Procedure against the judgment and order of conviction dated 13.12.2001 passed by the learned Special Judge (Atrocity), Mehsana.

(2.) The premise on which the present appeal has been filed by the appellants original accused persons is that the complainant - Pasabhai Sukhabhai Senma, who is a resident of Taluka Kalol, is holding certain parcel of land and has also purchased another 7 Bighas of land from Thakore Dahyaji Maganji. At the time when the incident took place, there was standing crop in the field. It is the case of the prosecution that the wife of the complainant-Shakariben was elected as the Sarpanch of Village Panchayat in the month of February, 1997 and the appellants herein, accused persons, at the relevant point of time on 20.09.1999, had submitted an application before the District Development Officer, Mehsana seeking removal of the wife of the complainant from the said post. After the order was passed, the charge of the post of Sarpanch was handed over to the Deputy Sarpanch (Up Sarpanch), named, Thakor Babuji Kakalji. Against said Thakor Babuji Kakalji, a No Confidence Motion was moved by the Members of the Panchayat, including Shakariben, viz. the wife of the complainant. These accused persons happened to be the supporters of said Thakor Babuji Kakalji and keeping in mind the action of filing an application for No Confidence Motion against said Thakor Babuji Kakalji, threat was administered to withdraw the application for No Confidence Motion. On 20.10.1999 when the complainant had gone to his agricultural field, the accused persons, armed with weapons, came there and began to abuse the complainant and also attempted to do away with the life of the complainant. It is the further case of the prosecution that accused no. 1 was armed with a sickle (dharia), whereas, accused no. 2 with an iron-pipe and accused no. 3 with a stick. The accused persons attacked the complainant and hurled abuses at him stating as to why he had filed the police complaint despite their stern warning. During that period, accused no.1 inflicted a blow on the head of the complainant with the blunt portion of the sickle. As a result of this, the complainant fell down and upon such falling down, accused no. 2 - Rabari Navghanbhai Kalyanbhai, who was armed with an iron pipe, inflicted a blow on the left leg of the complainant, whereas, accused no. 3 - Rabari Gafurbhai Kalyanbhai inflicted a stick blow on the back side of the complainant. On account of such assault, the complainant made shouts for help, however, nobody came for his rescue. The accused persons, thereafter, fled from the scene of offence on a scooter along with their weapons. On the way, the accused persons met the nephew of the complainant and informed him about the aforesaid attack carried out by them. Resultantly, the nephew of the complainant informed her mother about the incident and thereafter, went to the place of incident along with the wife of the complainant - Shakariben in an auto-rickshaw. On her way to the place of incident, she met two Police Constables, named, Jitendrabhai Hirabhai and Manjibhai, who were on their way to the Village for the purpose of executing the process of summons and she informed them about the incident. As a result thereof, the said two Police Constables also accompanied the wife of the complainant and nephew to the place of incident. On reaching the spot, they saw the complainant lying on the ground in a a pool of blood in an injured condition and when inquired about the incident, he informed by making indications. Immediately thereafter, as per the case of the prosecution, the complainant was taken to Kalol Hospital in an auto-rickshaw for immediate treatment, whereby, he was given primary treatment by Dr. Deepak Patel and thereafter, when the injuries were found to be serious, he was referred to Civil Hospital, Ahmedabad where Dr. Jayant Somabhai Kaneria had given him treatment. Thereafter, on 25.10.1999, the complainant was discharged from the hospital.

(3.) After leading evidence in the aforesaid form, the prosecution submitted closing purshis. Thereafter, further statement of the accused was recorded under Section 313 of the Code of Criminal Procedure, wherein also, the accused persons reiterated that no offence had been committed by them and claimed to be tried. Resultantly, after considering the evidence in detail, documentary as well as ocular evidence and in view of the principles of law laid down by various decisions which have been pressed into service, the learned Special Judge, Mehsana was pleased to pass the order of conviction by holding the accused persons guilty for the offences for which they have been tried. The following is the operative part of the order of conviction.