STATE OF GUJARAT Vs. BHARWAD JAKSHIBHAI NAGRIBHAI

JUDGEMENT

(1.) Against the acquittal order dated 6th March 1982 passed by the Additional Sessions Judge Ahmedabad (Rural) at Narol in Sessions Case No. 114 the State has filed this appeal.

(2.) At the time of admission of this appeal the Court admitted the appeal only against accused Nos. 1 2 5 7 9 10 and 13. Against rest of the accused the appeal was dismissed.

(3.) In all 15 persons of Bharwad community were charged for the offences punishable under Sections 302 307 148 and 149 of the Indian Penal Code. It is the prosecution version that on 2nd June 1981 at about 6 p. m the accused with other members of the Bharwad community formed an unlawful assembly with the common object to commit murders and cause grievous hurt or hurt to the members of Patel community and of committing riots in Bavla town Taluka Dholka District Ahmedabad. They were armed with deadly weapons like sticks dharias and Farsi etc. They came out from the Bharwad locality (Bharwad Vas) went towards the north i. e. the bazar shouting to beat and kill Patels at sight. It is the prosecution version that in December 1980 election of the Bavla Nagar Panchayat was mainly contested by the members of Bharwad community and Patel community. Only 2 members of Bharwad community got elected and the members of the Patel community were elected on remaining seats. Because of this the relations between these communities were bitter.