KOLI JERAM BHIMJI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The appellants herein face conviction and sentence principally under S.307 read with S.34 of the Indian Penal Code (I.P.C.) under the impugned judgment and order in Sessions Case No. 36 of 1980 rendered on 19- 10-1981 by the learned Addl. Sessions Judge, Bhavnagar.

(2.) The facts of the prosecution case indicate that the complainant Meghaji Hamabhai belonged to one of the factions, namely, Kanbis and the appellants being the accused belonged to the other faction - Kolis in village Gordaka within Gadhda Taluka in the District of Bhavnagar. The root cause of the assault on the complainant was some dispute with regard to the right of way. Two police constables were posted to see that there was no breach of peace in the area and that persons belonging to rival factions did not take law in their hands. It appears that the Koli group was little more powerful requiring the Kanbi seeking police protection. The appellants conviction and sentence passed by the Sessions Judge, Bhavnagar in Sessions Case No. 36 of 1980. (Only a part of the Judgment approved for reporting is published.) (referred to as 'the accused' herein) belong to Koli community; whereas the complainant Meghaji Hamabhai belongs to Kanbi community. Complainant had sought police protection. Constable Gudhabhai Tapubhai was one of the constables who was, therefore, posted in the village. He went to Gadhda Police Station to seek guidance of P.S.I. with regard to whether he and his companion constable should abide by the request of the complainant for moving around him in order to protect him. On the day of incident, namely, on 21-6-1978 the complainant Meghaji Hamabhai had also gone to Gadhda Court to obtain certified copies of the documents. Constable Gudhabhai had also gone to Gadhda to seek guidance of P.S.I. Both of them returned at around 3-00 O'clock in the afternoon by the bus coming from Gadhda and proceeding towards Botad. The constable was on the rear side of the bus and came out from the bus earlier and started proceeding towards the village. Whereas the complainant Meghaji Hamabhai was in front seat and the bus being over-crowded took time to come out of the bus. When he got down and proceeded a little, the accused No. 1 Koli Jeram Bhimji started beating the complainant with a piece of cycle chain. He also assaulted the complainant with a knife. Other accused who had accompanied the accused No. 1 also assaulted the complainant with knives causing various injuries. Constable Gudhabhai who was little ahead of the complainant returned. On his efforts to prevent any further damage and on his interception of the assault, he was also given one blow by accused No. 1 with the piece of cycle chain. The constable, however, immediately alerted himself and raised his rifle. By that time the complainant's son Bhimaji Meghajibhai had also rushed to the scene of offence and intervened. He was given blows with chain and knife, particularly by the accused No. 1. Since the constable raised his rifle, all the accused ran away. The complainant Meghaji Hamabhai was lying injured at the site when two Kathi Darbars, namely, Ravtubhai Ranubhai and Amkubhai Jilubhai happened to pass-by on a motor-cycle. On request being made by the constable to take the injured to Gadhda hospital, one of them, namely, Amkubhai took the injured complainant Meghaji and his son Bhimaji to Gadhda hospital. This being the medicolegal case, the doctor on duty informed the police station and the head constable from the police station reached the hospital and recorded the first information report. After registration of the offence, the police station officer, Gadhda Police Station sent the complaint to Balvantsinh Dajibha, Jamadar of Gadhda outpost, who conducted investigation and upon completion of the investigation the accused persons were initially charged with the offences punishable under Secs. 324, 323, 332 read with S.114 of the I.P.C. However, the learned Sessions Judge directed the learned Magistrate to commit the case to the Court of Sessions for the offence punishable under Secs. 307, 324, 323, 332 read with S.34 of the I.P.C. in Criminal Revision Application No. 31 of 1979. The learned Magistrate, therefore, committed the case to the Sessions Court. Charge as per Exh. 3 came to be framed on 22-7-1981. The accused pleaded not guilty to the charge and the case was tried before the learned Addl. Sessions Judge. Upon conclusion of the trial the statements of the accused were recorded under S.313 of the Code of Criminal Procedure (for short 'Cr. P.C.') and after hearing the learned Advocate appearing for the accused and the learned Public Prosecutor for the State, the learned Addl. Sessions Judge, Bhavnagar passed following order :-

(3.) This appeal has been directed against conviction and sentence as aforesaid by order dated 3-12-1981. The same was admitted and the appellants were enlarged on same bail with fresh bonds. ... ... ... ... ... ...