BHARWAD JAKSHIBHAI NAGJIBHAI ARVINDBHAI KANJIBHAI PATEL Vs. STATE OF GUJARAT:BHARWAD JAKSHIBHAI NAGJIBHAI

JUDGEMENT

(1.) Fifteen persons were put up for trial before the Additional Sessions Judge, Ahmedabad (Rural) at Narol for rioting with deadly weapons, committing the murder of Govindbhai Girdharbhai and attempting to commit the murders of Arvind Kumar Kanjibhai and Vinodchandra Keshavlal. The trial Judge acquitted them of all the charges and aggrieved thereby the State of Gujarat preferred an appeal. The High Court admitted the appeal against seven out of the fifteen acquitted and dismissed it summarily as regards others. The appeal was ultimately allowed and all the seven accused were convicted under Sections 148 and 326 read with Section 149, IPC for causing grievous hurt to Govindbhai. For the injuries caused to Arvind and Vinod some of them were convicted under Sections 324 and 326, IPC (simpliciter) respectively and the rest with the aid of Section 149, IPC. For the above convictions rigorous imprisonment ranging from 1 to 3 years and fines were imposed with a direction that the substantive sentences shall run concurrently. Assailing their convictions and sentences the seven accused have filed one of these two appeals (Criminal Appeal No. 381 of 1989). The other appeal (Criminal Appeal No. 382 of 1989) has been filed by Arvind for setting aside the acquittal of the seven accused in respect of the charges under Sections 302/149 and 307/149 (two counts) and convicting them thereunder; alternatively, for enhancement of their sentences for the convictions recorded against them by the High Court. Both the appeals have been heard together and this Judgment will dispose of them.

(2.) Bereft of details the prosecution case is as under: In December, 1980 there was an election of Bavla Nagar Panchayat which was mainly contested by two groups, one consisting of the members of the Bharwad community and the other of Patels. In that election success of the Patels was more pronounced than that of the Bharwads. Since then the relations between the two communities, who reside in two separate localities, in the town of Bavla were strained. On June 2, 1981, at or about 6 p.m. about 40 to 50 members of the Bharwad community, including the accused persons, came out of their locality armed with deadly weapons like sticks, dharias and farsis and proceeded towards the market shouting that they would beat and kill the members of the Patel community. With that object in view they attacked three persons of Patel community in succession. The first attack was on Govindbhai who, owing to the injuries inflicted upon him expired on the following day, that is, on June 3, 1981. The second attack was on Arvind who saved his life by entering into the shop of one Bipinbhai. Lastly the mob went to the shop of Vinod, dragged him out and assaulted him.

(3.) Immediately after he was assaulted, Arvind went to Police Station and lodged an information about the same. On that information Sub-Inspector, Chauhan (P.W. 12) of Bavla Police Station registered a case and took up investigation. Arvind and the other two injured were taken to V. S. Hospital, Ahmedabad and admitted therein. As it was subsequently revealed that the assaults on Govindbhai and Vinod were parts of the same transaction, S. I. Chauhan carried out a joint investigation in respect of all the three assaults and on completion thereof submitted charge-sheet.