RAMANBHAI NARANBHAI PATEL Vs. STATE OF GUJARAT
LAWS(SC)-1999-11-56
SUPREME COURT OF INDIA (FROM: GUJARAT)
Decided on
November 30,1999
Ramanbhai Naranbhai Patel And Ors.
Appellant
VERSUS
STATE OF GUJARAT
Respondents
Referred Judgements :-
DULI CHAND VS. DELHI ADMINISTRATION [REFERRED TO]RAMANIKLAL GOKALDAS VS. STATE OF GUJARAT [REFERRED]
V C SHUKLA VS. STATE DELHI ADMINISTRATION [REFERRED]
MOHANLAL GANGARAM GEHANI VS. STATE OF MAHARASHTRA [REFERRED]
RAJESH GOVIND JAGESHA VS. STATE OF MAHARASHTRA [REFERRED]
STATE OF HIMACHAL PRADESH VS. LEKH RAJ [REFERRED]
Cited Judgements :-
ASHUTOSH SHARMA @ SANTOSH SHARMA @ SHAWAZ AHMAD @ SHAWAZ @ KALU VS. STATE OF BIHAR [LAWS(PAT)-2014-12-18] [REFERRED TO]SONU KUMAR VS. STATE OF H.P. [LAWS(HPH)-2023-12-81] [REFERRED TO]
MALKHANSINGH S O GANPAT SINGH AND VS. STATE OF MADHYA PRADESH [LAWS(MPH)-2002-3-24] [REFERRED TO]
HARJIBHAI VITHHALBHAI VARLI VS. STATE OF GUJARAT [LAWS(GJH)-2016-8-29] [REFERRED TO]
STATE OF BIHAR VS. DUKHAN KAHAR [LAWS(PAT)-2021-5-67] [REFERRED TO]
STATE OF BIHAR VS. BACHESH KUMAR SINGH [LAWS(PAT)-2021-5-48] [REFERRED TO]
RABINDRA BARIK VS. STATE OF ODISHA [LAWS(ORI)-2018-8-50] [REFERRED TO]
KALAM ALIAS ABDUL KALAM VS. STATE OF RAJASTHAN [LAWS(SC)-2008-3-192] [REFERRED TO]
ASHFAQ VS. STATE GOVT OF NCT OF DELHI [LAWS(SC)-2003-12-80] [REFERRED TO]
STATE OF ORISSA VS. DIBAKAR NAIK [LAWS(SC)-2002-4-38] [REFERRED]
MALKHANSINGH VS. STATE OF MADHYA PRADESH [LAWS(SC)-2003-7-58] [REFERRED]
GIRISH SHIRODKAR VS. STATE [LAWS(BOM)-2020-9-182] [REFERRED TO]
SUDHI VS. STATE OF KERALA [LAWS(KER)-2022-3-42] [REFERRED TO]
RAFIKUL ALAM SK SIDDIQUE SK SUJIT ALIAS NAFIJUL MD SALIM ANDSK MORSHED ALIAS MORAI VS. STATE OF WEST BENGAL [LAWS(CAL)-2007-12-43] [REFERRED TO]
GULAB CHAND & ANOTHER VS. STATE OF U P [LAWS(ALL)-2018-4-19] [REFERRED TO]
JEET NARAIN MISHRA VS. STATE OF U.P. [LAWS(ALL)-2014-9-353] [REFERRED TO]
JAGDISH PRASAD VS. STATE OF CHHATTISGARH [LAWS(CHH)-2008-9-12] [REFERRED TO]
PARAS KAMLESH PANDYA VS. THE STATE OF MAHARASHTRA AND ORS. [LAWS(BOM)-2015-2-289] [REFERRED TO]
AJIT VS. STATE OF U.P. [LAWS(ALL)-2015-9-244] [REFERRED TO]
GOPAL RAM AND ORS. VS. STATE OF C.G. [LAWS(CHH)-2015-4-22] [REFERRED TO]
RAVINDRA @ RAVISONKAR VS. STATE OF C.G. [LAWS(CHH)-2024-4-80] [REFERRED TO]
DHARAMVEER VS. STATE OF U P [LAWS(SC)-2010-3-59] [REFERRED TO]
MYLADIMMAL SURENDRAN VS. STATE OF KERALA [LAWS(SC)-2010-9-37] [REFERRED TO]
SUKHBIR SINGH VS. STATE OF HARYANA [LAWS(SC)-2002-2-30] [REFERRED RELIED ON (PARA 9) 4.]
MUNNEY ALIAS RAHAT JAN KHAN VS. STATE OF U P [LAWS(SC)-2006-8-19] [REFERRED TO]
SOHAN ALIAS SONU VS. STATE [LAWS(UTN)-2009-4-2] [REFERRED TO]
FAROOQ VS. STATE OF MADHYA PRADESH [LAWS(MPH)-2004-3-65] [REFERRED TO]
VIRENDRA SINGH VS. STATE OF U P [LAWS(ALL)-2014-5-511] [REFERRED TO]
STATE OF CHHATTISGARH VS. SUNIL @ BALIKARAN SAHU [LAWS(CHH)-2016-8-5] [REFERRED TO]
ATMARAM ISTARI SHENDE VS. STATE OF MAHARASHTRA [LAWS(BOM)-2000-8-11] [REFERRED TO]
STATE OF MAHARASHTRA VS. KAMLAKAR TANAJI SHINDE [LAWS(BOM)-2010-9-26] [REFERRED TO]
K.NARASIMHALU VS. STATE [LAWS(KAR)-2020-6-122] [REFERRED TO]
RIJAUL KARIM VS. STATE (GNCT OF DELHI) [LAWS(DLH)-2014-1-167] [REFERRED TO]
EASAN @ ESWARAN @ TARAPARAMANANDAM VS. STATE BY INSPECTOR OF POLICE, ST. THOMAS MOUNT POLICE STATION, CHINGLEPET DISTRICT [LAWS(MAD)-2002-4-166] [REFERRED TO]
JOSEPH VS. THE STATE OF TAMIL NADU [LAWS(SC)-2017-12-29] [REFERRED TO]
RADHA MOHAN SINGH ALIAS LAL SAHEB VS. STATE OF U P [LAWS(SC)-2006-1-43] [REFERRED TO]
MUNNA VS. STATE [LAWS(SC)-2003-8-73] [REFERRED]
ANIL KUMAR VS. STATE [LAWS(DLH)-2011-3-15] [REFERRED TO]
KACHARU RAM VS. THAN SINGH [LAWS(CHH)-2016-9-11] [REFERRED]
AMJAD KHAN IBRAHIM KHAN VS. STATE OF MAHARASHTRA [LAWS(BOM)-2007-9-64] [REFERRED TO]
RAJUBHAI DHAMIRBHAI BARIA VS. STATE OF GUJARAT [LAWS(BOM)-2012-7-241] [REFERRED TO (PARA 153). 9.]
RAVI SEIKHAR VS. STATE [LAWS(DLH)-2014-12-154] [REFERRED TO]
PADMACHANDRAN VS. STATE OF KERALA [LAWS(KER)-2004-6-30] [REFERRED TO]
SABBIR SON OF NASRU VS. STATE OF HARYANA [LAWS(P&H)-2009-9-154] [REFERRED TO]
PARTIES NAME RAM BHAWAN @ LALLOO VS. STATE OF MADHYA PRADESH [LAWS(MPH)-2018-5-60] [REFERRED TO]
MUNNA VS. STATE OF RAJASTHAN [LAWS(RAJ)-2001-7-58] [REFERRED TO]
UTTAM SINGH VS. STATE OF MADHYA PRADESH [LAWS(MPH)-2002-4-63] [REFERRED TO]
DIWAN SINGH VS. STATE OF MADHYA PRADESH [LAWS(MPH)-2002-7-64] [REFERRED TO]
BHUPENDRA SINGH VS. STATE OF MP [LAWS(MPH)-2018-2-199] [REFERRED TO]
BEENA VS. SUPERINTENDENT CENTRAL PRISON [LAWS(MAD)-2010-8-118] [REFERRED TO]
RAVINDER SINGH ALIAS PARTAP VS. STATE OF PUNJAB [LAWS(P&H)-2014-3-546] [REFERRED TO]
STATE OF BIHAR VS. KRISHNA BIHARI SINGH @ KRISHNA SINGH [LAWS(PAT)-2010-3-227] [REFERRED TO]
MOHMEDFARUK @ PALAK SAFIBHAI MEMON VS. STATE OF GUJARAT [LAWS(GJH)-2019-2-123] [REFERRED TO]
DEEPAK KANHAYYALAL SARWAIYYA VS. STATE OF MAHARASHTRA [LAWS(BOM)-2005-2-114] [REFERRED TO]
ATMARAM S O ISTARI SHENDE VS. STATE OF MAHARASHTRA [LAWS(BOM)-2000-8-46] [REFERRED TO]
SANTOSH @ CHIYAN VS. STATE OF CHHATTISGARH [LAWS(CHH)-2014-10-51] [REFERRED TO]
SACHIN VS. THE STATE OF NCT OF DELHI [LAWS(DLH)-2017-5-118] [REFERRED TO]
YOGESH BALASAHEB INGALE VS. STATE OF MAHARASHTRA [LAWS(BOM)-2013-1-187] [REFERRED TO]
RANJITH K. S/O KRISHNA MURTHY VS. STATE OF KARNATAKA [LAWS(KAR)-2019-3-58] [REFERRED TO]
STATE OF U.P. VS. MUKHTAR ANSARI [LAWS(ALL)-2022-9-101] [REFERRED TO]
STATE VS. MOHD. NAUSHAD [LAWS(DLH)-2012-11-135] [REFERRED TO]
ARIF VS. STATE GOVT. OF NCT OF DELHI [LAWS(DLH)-2015-1-364] [REFERRED TO]
MOHD ISRAR QURESHI VS. STATE [LAWS(DLH)-2014-2-13] [REFERRED TO]
RAJIV @ DIWANJI VS. STATE NCT OF DELHI [LAWS(DLH)-2013-2-116] [REFERRED TO]
STATE OF H P VS. SANTOSH KUMAR [LAWS(HPH)-2010-11-27] [REFERRED TO]
VENKATACHALAIAH VS. STATE OF KARNATAKA [LAWS(KAR)-2000-9-13] [REFERRED TO]
ANIL RAMCHANDRA PARAB VS. THE STATE [LAWS(BOM)-2015-8-212] [REFERRED TO]
BABUBHAI @ ZAVERCHAND HARJIVAN SHETH VS. STATE OF MAHARASHTRA [LAWS(BOM)-2013-4-65] [REFERRED TO]
SURJIT SINGH GYANSINGH AURORA VS. STATE OF MAHARASHTRA [LAWS(BOM)-2002-7-99] [REFERRED TO]
JUMME KHAN VS. STATE OF HARYANA [LAWS(P&H)-2003-2-9] [REFERRED TO]
BHAGWAT SINGH S/O BHUR SINGH R/O BADDU VS. STATE OF RAJASTHAN [LAWS(RAJ)-2023-6-12] [REFERRED TO]
BHIMARAYA VS. THE STATE OF KARNATAKA [LAWS(KAR)-2015-8-122] [REFERRED TO]
JAISON, S/O ANTONY AND ORS VS. STATE OF KERALA [LAWS(KER)-2012-12-343] [REFERRED]
MUNSHI SINGH GAUTAM VS. STATE OF M P [LAWS(SC)-2004-11-49] [REFERRED TO]
DAYAL SINGH VS. STATE OF MAHARASHTRA [LAWS(SC)-2007-5-23] [REFERRED TO]
PADMACHANDRAN VS. STATE OF KERALA [LAWS(KER)-2004-6-87] [REFERRED TO]
SALAM KAVIRAJ @ CHUHA VS. STATE (GOVT. OF NCT OF DELHI) [LAWS(DLH)-2014-2-216] [REFERRED TO]
STATE OF MAHARASHTRA VS. SADASHIV JETAPPA KAMBLE [LAWS(BOM)-2014-5-114] [REFERRED TO]
AJIT VS. STATE OF U.P. [LAWS(ALL)-2015-11-113] [REFERRED TO]
MUSHARRAF HUSSAIN VS. STATE OF U P [LAWS(ALL)-2014-8-67] [REFERRED TO]
DAYA RAM AND ANOTHER VS. STATE OF U.P [LAWS(ALL)-2017-6-45] [REFERRED TO]
MURUGAN VS. STATE [LAWS(MAD)-2010-9-117] [REFERRED TO]
SUKHCHAIN SINGH VS. STATE OF HARYANA [LAWS(SC)-2002-4-139] [REFERRED]
CHANDRA BIHARI GAUTAM VS. STATE OF BIHAR [LAWS(SC)-2002-4-162] [REFERRED]
BIKAU PANDEY VS. STATE OF BIHAR [LAWS(SC)-2003-11-70] [REFERRED TO]
KEWAL SINGH VS. STATE OF PUNJAB [LAWS(P&H)-2011-3-61] [REFERRED TO]
MUKESH SINGH VS. STATE (NCT OF DELHI) [LAWS(SC)-2023-8-78] [REFERRED TO]
KANHA VS. STATE OF M P [LAWS(MPH)-2018-8-51] [REFERRED TO]
MUNNA VS. STATE OF MADHYA PRADESH [LAWS(MPH)-2002-5-44] [REFERRED TO]
RABBUL HUSAIN VS. STATE OF U P [LAWS(ALL)-2014-3-164] [REFERRED TO]
RAM SEWAK VS. STATE OF U.P. [LAWS(ALL)-2022-9-111] [REFERRED TO]
BADARUDHEEN VS. STATE OF KERALA AND ORS. [LAWS(KER)-2015-8-1] [REFERRED TO]
DANA YADAV VS. STATE OF BIHAR [LAWS(SC)-2002-9-136] [REFERRED]
JUDGEMENT
S. B. Majmudar, J. -
(1.)The appellants in this appeal, on grant of special leave under Art. 136 of the Constitution of India, are original accused Nos. 1 to 4 and 6 who were convicted for the offences under Ss. 302, 307, 326, 324, 323, 342,452 read with S. 149 of the Indian Penal Code and were sentenced to suffer rigorous imprisonment for life by the Additional Sessions Judge, Surat. The said decision was upheld by the High Court in criminal appeal, which has resulted in the present appeal.
(2.)In all there were eight accused sent up for trial before the learned Sessions Judge. The Sessions Court, however, acquitted accused Nos. 5, 7 and 8. Appeal against their acquittal came to be dismissed by the High Court by the very same judgment. Their acquittal has not been further challenged before us by the State of Gujarat. Hence, in this appeal, we are concerned with the conviction and sentence of only the present appellants i.e. accused Nos. 1 to 4 and 6. For the sake of convenience in the later part of the judgment, we will refer to the appellants as accused Nos. 1, 2, 3, 4 and 6 while considering their respective roles in the incident in question. BACKGROUND FACTS:
(3.)The prosecution case in short is that an incident occurred on 25-12-1987 at 9.30 a.m. in Varachha road area of the City of Surat in the State of Gujarat. It is the case of the prosecution that the present appellants and three others, who, as aforesaid, were acquitted, being in all eight accused, along with five to six other persons came on motorcycles and scooters armed with weapons like knife, gupti, hockey stick etc. That in the first place accused Nos. 3, 4 and 6 came on a motorcycle to the premises known as Satyam Press where one Nitin, the brother of the deceased Ramanbhai Mohanbhai was standing and inside the Press one of its workers by name Bhogilal Ranchhodbhai was present. Accused No. 4 had a gupti and he chased Nitin for about 30 to 40 paces and as Nitin managed to escape, accused No. 4 came back to the Press. In the mean time, accused Nos. 3 and 6 were alleged to have climbed the steps and entered the Press and had started belabouring Bhogilal Ranchhodbhai and at the same time dragged him in. Accused No. 4, on return, joined them and all the three used their respective weapons and seriously injured Bhogilal Ranchhodbhai. Thereafter, they came out, but by then, accused Nos. 1 and 2 had also come on the scene. Accused No. 1 was armed with a hockey stick and accused No. 2 had an axe with him. At the time when the Press incident was in progress, two events took place in quick succession. One was the intervention of a pan stall holder Karsanbhai Vallabhbhai, when he started going towards the Press and tried to reason out with the assailants of Bhogilal Ranchhodbhai saying that the latter was a mere labourer or a worker in the Press and he should not be harmed in any manner. Being enraged by this intervention, accused Nos. 1 and 2 pounced upon Karsanbhai Vallabhbhai with their weapons and caused him injuries. The second event is that by this very time deceased Ramanbhai Mohanbhai came out of his residence, which is quite nearby. Ramanbhai happens to be the elder brother of Nitinbhai, the owner of the press, and Ramanbhai was interrupted by accused Nos. 1 and 2. Accused No. 1 is said to have given blows with the hockey stick to Ramanbhai and thereafter Ramanbhai turned back and rushed into his house to get shelter. Accused Nos. 3, 4 and 6 thereupon followed Ramanbhai Mohanbhai inside his house. He was inflicted fatal blows by these persons in his bedroom. Ramanbhai Mohanbhais wife Niruben was an eye-witness to this assault on her husband.
(2.)In all there were eight accused sent up for trial before the learned Sessions Judge. The Sessions Court, however, acquitted accused Nos. 5, 7 and 8. Appeal against their acquittal came to be dismissed by the High Court by the very same judgment. Their acquittal has not been further challenged before us by the State of Gujarat. Hence, in this appeal, we are concerned with the conviction and sentence of only the present appellants i.e. accused Nos. 1 to 4 and 6. For the sake of convenience in the later part of the judgment, we will refer to the appellants as accused Nos. 1, 2, 3, 4 and 6 while considering their respective roles in the incident in question. BACKGROUND FACTS:
(3.)The prosecution case in short is that an incident occurred on 25-12-1987 at 9.30 a.m. in Varachha road area of the City of Surat in the State of Gujarat. It is the case of the prosecution that the present appellants and three others, who, as aforesaid, were acquitted, being in all eight accused, along with five to six other persons came on motorcycles and scooters armed with weapons like knife, gupti, hockey stick etc. That in the first place accused Nos. 3, 4 and 6 came on a motorcycle to the premises known as Satyam Press where one Nitin, the brother of the deceased Ramanbhai Mohanbhai was standing and inside the Press one of its workers by name Bhogilal Ranchhodbhai was present. Accused No. 4 had a gupti and he chased Nitin for about 30 to 40 paces and as Nitin managed to escape, accused No. 4 came back to the Press. In the mean time, accused Nos. 3 and 6 were alleged to have climbed the steps and entered the Press and had started belabouring Bhogilal Ranchhodbhai and at the same time dragged him in. Accused No. 4, on return, joined them and all the three used their respective weapons and seriously injured Bhogilal Ranchhodbhai. Thereafter, they came out, but by then, accused Nos. 1 and 2 had also come on the scene. Accused No. 1 was armed with a hockey stick and accused No. 2 had an axe with him. At the time when the Press incident was in progress, two events took place in quick succession. One was the intervention of a pan stall holder Karsanbhai Vallabhbhai, when he started going towards the Press and tried to reason out with the assailants of Bhogilal Ranchhodbhai saying that the latter was a mere labourer or a worker in the Press and he should not be harmed in any manner. Being enraged by this intervention, accused Nos. 1 and 2 pounced upon Karsanbhai Vallabhbhai with their weapons and caused him injuries. The second event is that by this very time deceased Ramanbhai Mohanbhai came out of his residence, which is quite nearby. Ramanbhai happens to be the elder brother of Nitinbhai, the owner of the press, and Ramanbhai was interrupted by accused Nos. 1 and 2. Accused No. 1 is said to have given blows with the hockey stick to Ramanbhai and thereafter Ramanbhai turned back and rushed into his house to get shelter. Accused Nos. 3, 4 and 6 thereupon followed Ramanbhai Mohanbhai inside his house. He was inflicted fatal blows by these persons in his bedroom. Ramanbhai Mohanbhais wife Niruben was an eye-witness to this assault on her husband.
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