DAHYABHAI KHUSHALBHAI AHIR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Dahyabhai Khushabhai Ahir and five others, by this appeal has brought under challenge the impugned judgment and order dated 13-12-1993 rendered in Special Atrocities Case No. 9 of 1993 by the learned Sessions Judge, Bharuch, wherein on their coming to be tried for the alleged offences punishable under Secs. 302, 343, 147, 148, 149 of I.P.C. read with offences punishable under Secs. 3(1)(x) and 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1985; and under Sec 135 of the Bombay Police Act, 1951 were at the end of the trial ordered to be convicted for the same and sentenced to R.I. for life and to pay a fine of Rs. 5,000.00 and in default, to undergo R.I. for two years and various other periods of R.I. and fine for other offences, as stated in detail in the impugned judgment and order.

(2.) To briefly narrate the prosecution case, the incident in question wherein Dahyabhai Laxmanbhai was done to death at the hands of the appellants-accused took place on 16-12-1992 at 12-00 noon in the field at village Nikora. This incident was eye-witnessed by PW-3 Mahendra Laxman who happens to be brother of the deceased Dahyabhai and two other witnesses, viz., PW-4 Mahesh Motibhai and PW-5 Mahesh Tribhuvandas. The last two witnesses did not support the prosecution. According to PW-3 Mahendra Laxman, on the aforesaid date, time and place, he and his brother Dahyabhai were quarrelling as he was not going to the field. In the meantime, (1) Dahyabhai Khushalbhai; (2) Bhagubhai Khushalbhai; (3) Fulabhai @ Parbhubhai Rama; (4) Balubhai Shanabhai; (5) Rameshbhai Shanabhai; and (6) Ishwarbhai Ramabhai appeared on the scene. The accused Nos. 1, 3, 4 and 5 were armed with sticks, while the accused No. 2 was armed with Dharia and accused No. 6 was armed with axe. These six persons forming an unlawful assembly, picked up a quarrel by starting a talk about destroying a hut. Thereafter, the accused No. 2 gave a Dharia blow on the head of Dahyabhai and the accused No. 6 gave an axe blow on the right hand wrist of Dahyabhai, as a result of which he fell down. Thereafter, rest of the accused, viz., accused Nos. 2, 3, 4 and 5 gave stick blows. On Dahyabhai raising alarm, PW-4 Mahesh Motibhai and PW-5 Mahesh Tribhuvandas came running, whereupon PW-3 gave the names of the appellants as the assailants of injured Dahyabhai. In the meantime, accused made good their escape. Thereafter, the injured Dahyabhai was removed to the Civil Hospital, Bharuch, where during the course of the treatment he expired. In the meantime, PW-10-Duty Head Constable-Motibhai Govindbhai at the Civil Hospital on coming to know that the injured Dahyabhai was brought to the Hospital, went there where he found injured was unconscious and unable to speak, and accordingly after making inquiry, he took down the complaint from PW-3 Mahendra Laxman which is produced at Ex. 39. On the basis of this, after the investigation was over, the appellants-accused came to be charge-sheeted for the aforesaid alleged offences to stand trial before the Sessions Court, Bharuch.

(3.) At trial, the appellants-accused pleaded not guilty and claimed to be tried. Their defence was of the total denial.