They have preferred these two appeals.
The High Court was of the opinion that A 3 was proved to have number participated in the perpetration of the crime.
There then the incident occurred.
Upon companysidering the evidence produced by the prosecution, the trial companyrt companyvicted all but one accused A8 under Section 302, 148, and under Section 307, 149 I.P.C. and sentenced them to various terms of imprisonment.
49 of 1979.
2, 3, and 7 were present at the bus stop.
His companyplaint Exh.
Immediately after Devji was admitted to the hospital on the date of incident, his statement was recorded as a dying declaration by the Executive Magistrate, Dhandhuka.
He defeated Devji who was previously the Sarpanch of the village.
The incident in which the murder has taken place appears to be an offshoot of the Panchyat election.
They were also alleged to have uttered some threatening words.
1 and the other by Devji.
The appellant accused attacked Devji and Trikam and inflicted numerous injuries on them.
The companyviction and sentence of the remaining five accused were maintained.
Jadav on seeing that tense atmosphere, thought that the discretion was better part of valour and he did number get down at the bus stop.
The bus arrived at the bus stand at Jalila at about 5.15 or 5.30 P.M. It was further alleged by the prosecution that at the relevant time accused Nos.
They along with three others were prosecuted for the murder of one Trikam and attempt to murder his brother Devji Bhai.
The news of the attack was carried by Rambha to Jivaraj the father of the victims.
The statement has been produced as Exh.
1 was elected as Sarpanch.
That was in the companyrt of Dhandhuka.
It is said that Devji and Trikam had proceeded to Jalila bus stand to catch the said bus as they wanted to go to some place.
1 after attending the Court proceedings were returning to the village Jalila by bus.
Both appeals are before us by special leave granted by this Court on different occasions.
They were duly armed.
Jivaraj came to the spot and saw the accused running away after the attack.
According to him, he saw A 2, A 3 and A 7 armed with Dhariya, pears and battle axe.
Instead, he proceeded by the same bus to Barwala, where he lodged a companyplaint, in the police station.
In the election held accused No.
He was frightened after seeing the accused at the bus stand at Jalila.
By the time, they reached the bus stand, the bus had already left and hence they were returning home.
The village in taluq Dhandhuka appears to be numberexception to this rule.
The Panchayats at the village level are the nurseries of our democracy.
Even a man of prowess may become pusillanimous by witnessing a serious crime.
That companyplaint has been produced as Exh.
With these reasons, the High Court acquitted A3 and A4.
Trikam was pronounced dead before any medical assistance companyld be rendered to him.
He had to be treated for a long time as an indoor patient at Ahmedabad Civil Hospital.
It was alleged by the prosecution that there were two groups in that village one led by accused No.
When the election is fought on personal level, inevitably it leads to bitterness and factions in the village.
Accused 1, 2, 5, 6 and 7 have preferred these appeals.
Immediately, a tractor was brought and the injured were taken to the hospital.
Jadav who was of the followers of Devji, had filed a chapter case against the accused.
They were in an extremely bellicose mood.
The Gujarat High Court companyfirmed the companyviction and sentence against the appellants awarded by the Sessions Judge, Ahmedabad Rural at Narol in Sessions Case No.
He proceeded further to Barwala Police Station and gave the companyplaint at 5.50 P.M. on the same day.
In the appeal preferred by the accused, the High Court examined the evidence in detail.
These two groups hd cases and companynter cases against each other.
On January 6, 1979, Jadav and accused No.
1 got down from the bus, but accused No.
3 poked his spear in the bus, where Jadav was sitting near the window.
Accused No.
In all about 18 injuries on the person of Trikam and 9 on Devji.
He did number get down from the bus.
But unfortunately, the election to the Panchayat is more often fought on personal level rather than on principle.
17 was against A 2, A 3 and A 7 in respect of what they did with their weapons at the said bus stand.
The High Court also held that the evidence against A 4 was number sufficient since at material time, the prosecution witnesses did number mention his name as one of the accused present at the scene of the occurrence.
Jagannatha Shetty, J. These two appeals relate to the same occurrence and arise out of a companymon judgment dated April, 1982 delivered by the Gujarat High Court.
Therein he has stated that one of them attacked him with the handle of the pear and another asked him to get down from the bus so that they companyld kill him.
