DR.DHANANIAVA Y.CHANDRACHUD, J. - (1.) This batch of five appeals arises from orders of the High Court of Gujarat granting bail, under Section 439 of the Code of Criminal Procedure 1973[1], to six persons who have been implicated in five homicidal deaths. [1] "CrPC"
(2.) A First Information Report ("FIR") being CR No 11993005200314 was registered on 9 May 2020 at Police Station Aadesar, District East Kachchh - Gandhidham for offences under Sections 302, 143, 144, 147, 148, 149, 341, 384, 120B, 506(2) and 34 of the Indian Penal Code, Sections 25(1-b) A, 27 and 29 of the Arms Act and Section 135 of the Gujarat Police Act. The appellant - Ramesh Bhavan Rathod - is the informant on whose statement, the FIR was registered at 1930 hours in respect of an incident which took place at 1300 hours. The incident took place in village Hamirpur which is at a distance of 20 kms from the police station. The incident which led to the commission of five murders had its genesis in a land dispute. The informant alleged that he and his brother Pethabhai had gone to their farm at 6:00 am. At 1 pm, the informant, Pethabhai and his brother-in-law Akhabhai were returning home in a Scorpio vehicle with five other persons. When the vehicle reached the untarred road passing through the farm of Lakha Hira Koli and Kanji Bijal Koli, these two persons came out along with Lakha Hira Koli. Lakha Koli dashed his tractor on the front portion of the Scorpio vehicle. Kanji Koli parked his tractor on the rear side of the Scorpio, behind which another Sumo vehicle came to be stationed. The Scorpio and its occupants were waylaid. As the informant and others attempted to run away from the scene, he saw the homicidal incident which he describes in the following terms: "..At that time I saw that Dhama Ghela Koli, Devendrsinh alias Lalubha Ghelubha Vaghela, Vishan Hira Koli, Bharat Mamu Koli, Dilip Mamu Koli, Ramshi Hira Koli, Pravin Hira Koli, Bhaghubha Hasubha Vaghela, Mohansang Umedasng Vaghela and Vanraj Karsan Koli and Dinesh Karsan Koli all come with weapons Pistol, Dhariya, Knife from the thorny fence nearby, in which Dhama Gela Koli and Devendrasinh alias Lalubha Gelubha Vaghela and Visan Hira Koli and Bharat Mamu Koli had fired rounds from Rifles in their hand targeting Akhabhai and others at that time. Akhabhai Jeshangbhai Umat my Brother Pethabhai Bhavanbhai Rathod and Amara Jeshang Umat and Lalji Akhabhai Umat and Vela Panchabhai Umat injured due to firing and laying on land and that time Lakha Hira Koli's Wife, Kanji Bijal Koli's Wife Lakhman Bijal Koli's Wife and Dhama Ghela Koli's Wife and Vishan Hira Koli's Wife also come there, their name is I do not know, and Visan Hira Kofi talk with Akhabhai that why you are cultivating my father and grand father's land that is our land we also said before that this land you do not cultivate so today your life is over. This was said by Visan Hira Koli and thereafter Dilip Mamu Koli, Ramshi Hira Kofi, Bhaghubha Hasubha Vaghela Mohansang Umedsang Vaghela and Prabhu Ghela Koli, with Dhariya in their hands and in the hands Pravin Hira Koli, Siddhrajsinh Bhaghubha Vaghela, Kheta Parbat Koli, Vanraj Karsan Koli, and Dinesh Karsan Kofi with Lathi (Wooden Stick) and all together assaulted blindly with Dhariya and Lathi over the head and body of Akhabhai Jeshangbhai Umat and my brother Pethabhai Bhavanbhai Rathod and Amara Jeshang Umat and Lalji Akhabhai Umat and Vela Panchabhai Umat and those people when assaulted that time all five are shouting "save save" but those people are in large gathering so I cannot go near so I cannot save those five those because they will kill me so I ran away from and I go to my Village..."
(3.) The incident resulted in the death of five persons. Among the twenty-two accused are Vishan Heera Koli (A-6), Pravin Heera Koli (A-10), Sidhdhrajsinh Bhagubha Vaghela (A-13), Kheta Parbat Koli (A-15), Vanraj Karshan Koli (A-16) and Dinesh Karshan Akhiyani (Koli) (A-17). The post-mortem was conducted on 10 May 2020. A panchnama is alleged to have been conducted at the scene of offence on the next day, i.e. on 10 May 2020, resulting in the recovery of, inter alia, two country made guns, two indigenous counterfeit guns, four dhariyas and one wooden stick.;