BAI LAXMIBEN Vs. MAKANBHAI RAMJIBHAI

JUDGEMENT

(1.) These are three revision applications bearing Nos. 12/72 12-A/72 and 15/72. The first two are filed against the orders dated 7-7-1972 and 12-7-1972 of the Sessions Judge and the third one against the order dated 18-10-72 of the Additional Sessions Judge. All the three applications arise out of the same incident and the respondents in the three applications are alleged to have participated in the murder of one Parag Naran the deceased husband of Bai Laxmiben, the petitioner in all the three revision applications. I shall, therefore, dispose of all the three applications by one judgment.

(2.) Shortly stated the case of the applicant, Bai Laxmiben, and also the case of the police who filed the charge-sheet against the five accused who are the respondents in these three applications, is as follows:

(3.) At 22.00 hours on 6-3-72 Vithalbhai Premabhai Patel driving a station wagon/jeep reached Hirabai Patel to Kachigan. Ravia Gopal, Ramu Khalpa and Parag Narayan, the deceased, were also travelling in the jeep. Vithalbhai reached Hirabhai to Kachigan, returned from there and proceeded to Marwar. As his jeep reached Varkund junction at about 00.20 hours on 7-3-72 a Fiat Car bearing No. MRF 8108 belonging to Laxman Tandel, the accused No. 1 in this case sped up and started driving side by side to the jeep of Vithalbhai. Somebody from the Fiat Car asked Vithalbhai to stop his jeep. Vithalbhai stopped it. The five accused, namely, Laxmanbhai Lallubhai Tandel, Fakir Zalak, Vallabh Kika, Makan Bapan and Sukar Narayan Tandel alighted from the car and were approaching the jeep. Some of the accused were armed with pistols. Vithalbhai got frightened and put the jeep in motion. The accused got into the Fiat car and went on a chase after the jeep. They fired about 7 to 8 rounds. One of the shots wounded the deceased. When the jeen and the car were about to reach the first house near Daman the car vanished. The jeep went to the house of Lalu Jogi along the main road. The mataji of Lalu Jogi by name Jijabai was in the house. Jijabai and others took the deceased to the hospital where he died.