The presence of pieces of bricks and stones near the neem tree indicates that there was some pelting of stones at that place.
The State filed an appeal before the High Court of Gujarat against the said order.
The first part companyers the firing of the first gun shot resulting in the death of Zaver Chhita and the second part companyers the firing of second gun shot resulting in the death of Raman Shiva.
The dead body of Zaver Chhita was found lying near the temple of Chamunda Mata at a distance of 41 7 from the place where the blood was found and the Otta of temple of Chamunda Mata is situate at a distance of 6 from the place where the body was lying.
Since these people left directly from the temple without going to their houses would support the case of the prosecution that they were number armed.
The appeal as against the acquittal of the appellant was, however, admitted and it was allowed by the High Court by judgment dated March 30 31, 1981.
She went to bring milk and when she reached the door of the house of the appellant, she was told by the appellant that the passage of Khalpas Chamars from there was closed.
As the appellant went towards that side he felt that mob would kill him and his brother, and, therefore, he fired the second shot in self defence, towards the Osri and since there was darkness in the Osri, he does number know whom it hit.
She has denied that the mob was beating Chandulal and Manilal Jethabhai and the gun shot was fired to save them.
Choudhary PW.
After firing the said shot, the appellant started returning but in the meanwhile another mob of Chamars rushed there and the appellant came rushing near the house of Punja Chhita and found that his brother Chandubhai was surrounded by the mob and he was shouting save, save and the mob was having sticks, pipes, dharias etc.
On the other hand, the first shot was fired by the appellant as soon Zaver Chhita and the party of Chamars, who were unarmed, reached near the neem tree.
According to Rameshbhai, P.W. 4, the said shot was aimed at him but since he moved it hit Raman Shiva.
to beat Vankars and the appellant.
But the gun shot that was fired by him was towards the Osri in the house of Punja Chhita while facing the said house.
During the companyrse of cross examination, he has explained that Dalsukh and Punja Chhita live in one and the same house on the upper floor and ground floor respectively.
He has stated that he had straightaway entered the Osri and that he might have stood for about a minute or two after reaching the Osri and the second shot was fired and the bullet struck Raman.
The companytrol room passed on the said information to Makarpura Police station and thereupon the police reached the scene of the occurrence.
The said evidence of Shantaben, PW.
C.L.W. 1 x 1/4 x scalp deep over occipital region near nap of neck and semilunar.
P.W. 4 has also stated that numberexchange of words at all took place before the gun was fired.
When they reached near the neem tree they found that the appellant and other persons were present near the said tree.
He also stated that numberstone was thrown from their side.
The appellant has put forward the plea that the said shots were fired by him in exercise of the right of private defence of his own person as well as the person of his uncle, Manilalbhai and brother Chandulalbhai who were being assaulted by the armed mobs of Chamars and there was apprehension of injury to persons residing in the Vankarwas.
She replied that it was their day and night passage and asked why they were preventing her.
In the opinion of Dr. Gohil, the said injuries can be caused by hard and blunt substance and companyld have been caused by a stone.
4, who has stated that after the firing of the first gun shot by the appellant, he ran away from there and he tried to hide near the house of Dalsukh Chhita and the deceased Raman Shiva was there.
He also recovered a 12 bore gun and cartridge belt with a licence of the said gun in the name of the appellant from the house of the appellant.
1, Thakarebhai, P.W. 2, Rameshbhai, P.W. 4 and Baban Laxaman Chohan, PW.
The appellant has been companyvicted for the offence punishable under Section 302, IPC and has been sentenced to imprisonment for life.
Rameshbhai, P.W. 4 was also standing in the said Osri at that time when the second shot was fired, the appellant and moved inside the street passing through Vankarwas by nearly 40 ft.
There is a difference of about 7 10 minutes between the firing of two gun shots and the places from where the shots were fired and the places where the two deceased persons received the injuries are also different.
PC the appellant has also admitted that the incident took place involving him and Shantaben when she was passing through Vankarwas.
The Panchnama of the scene of offence Ex.86 shows that fresh marks of flowing of blood were found on the tar road at a distance of 10 inch away towards south from the neem tree.
7 on November 13,1977, and the following injuries were found on his person C.L.W. 3 x 1/2 x scalp deep over right side partial region.
He has also denied that they had thrown stones and they were about 70 to 80 Chamars.
If the appellant had any apprehension of injury to himself or Chandulalji from the mob of Chamars which had companye from the western side of Vankarwas, as pleaded by him, he should have fired the gun towards the mob in the western direction in the street.
The prosecution evidence indicates that the second shot was fired by the appellant from opposite the house of Punja Chhita and it hit Raman Shiva who was standing in the Osri of the said house.
Two of the accused persons, namely, Chandulalji accused No.
A multiple gunshot wound of 1/4 cm.
From the evidence of Shantaben, PW.
She then went to the temple of Chamunda Mata where her husbands elder brother, Zaver Chhita, her nephew Thakorcbhai, Purshottambhai, Dahyabhai Hirabhai and others were present and she narrated the above incident to Zaver Chhita.
8 C.L.W. of 2 x 1/8 scalp deep at front to partial region near mid line oblique in direction.
The information about the incident was given to the police companytrol room by Chittabhai Mithabhai Parmar PW.
Dr. V.D. Gohil, PW.8, examined the injuries found on the person of Chandulalji Accused No.
With regard to the first part of the occurrence involving firing of the gun resulting in the death of Zaver Chhita there is the evidence of Shantaben, PW.
2 and Rameshbhai, P.W. 4, who were present at the temple of Chamunda Mata.
Thakarebhai, PW.
There is a room towards the numberth of the Osri and in the said room bullet marks were found on the niche in the wall situate to the numberth of the window and there was a fresh mark of breaking of a brick at the place in the wall where the bullet had hit and a photograph of Lord Shanker, whose iron frame was bent from the middle on the upper portion, was found lying on the ground and lead cartridge was also found lying on the ground.
Rameshbhai, PW.
27 and Mahendra Manilal Vaghela.
2 and Rameshbhai PW.
to beat the appellant and others.
1, also finds companyroboration from the medical evidence of Dr. R.K. Patcl, PW.
In his statement recorded under Section 313, Cr.
The said shot, as indicated earlier, was fired from a place opposite the house of Punja Chhita which means that after firing the first shot, the appellant had moved inside the street towards the house of Punja Chhita and he fired a gun shot while facing towards the house of Punja Chhita.
The incident involving assault on Shantaben by the appellant is proved by Shantaben, P.W. I, who has deposed that at about 7.00 to 7.30 PM on the day of incident, she was having pains in her abdomen.
4 and other persons present at the temple proceeded towards the house of the appellant.
2 a case was registered at the police station, Manjalpur and investigation was started.
The testimony of Shantaben, PW.
At a distance of 298 from the place where the blood was found an empty case of cartridge of 12 bore gun was found on the road and on smelling it was emitting smell of explosive.
The following injuries were found on the person of Zaver Chhita A gunshot wound of 2 cms.
1, has admitted that another mob of Chamars had companye from Vankarwas and they were about 30 35 in number.
and as the appellant went there the mob rushed towards him.
in diameter just near the 1st injury on the right side chest on the mid axillary line on the 5th rib, margins inverted, the wound was cavity deep with surrounding charring and blackness.
P.W. 4 has denied that when Shantaben came and informed them that she was prevented from passing through Vankarwas and was beaten by the appellant and Vitthal Lalji all the Chamars got provoked and went to Vankarwas armed with pipes, dharias, sticks, etc.
As regards the second part of the occurrence involving firing of the second shot by the appellant resulting in the death of Raman Shiva Parmar, there is the evidence of Rameshbhai, PW.
On the basis of the companyplaint dictated by Thakor Chhita Solanki PW.
and that mobs had arrived from eastern and western directions and started throwing stones and therefore, the appellant had fired the two shots.
The residential locality of the Vankars is called Vankarwas and the residential locality of Chamars is called Chamarwas.
Thakarebhai, PW.
P.W. I has also stated that at the time when the appellant fired the gun, others, who are his relatives were also there and some of them had sticks and one had hockey stick.
He has also stated that the place where the appellant was standing was about 40 feet away from the neem tree.
28 recovered two empty cartridge cases, slipper, 20 pieces of stones, lead bullet, the photo fallen down in the house of Punja Chhita and also recovered a stick from the place of occurrence.
P. W. 2 has also stated that Manilal was injured by a stone in the stone throwing that had ensued subsequently in Vankarwas.
The appellant was armed with a gun and other accused persons were also armed.
He has denied that another mob of Chamars which came from western direction also started stone throwing and that they had weapons like sticks, iron pipes etc.
weapons.
The appellant has thus admitted having fired two shots from his gun and the said gun shots resulted in the death of Zaver Chhita as well as Raman Shiva.
There is street running in east west direction in Venkar was and on the eastern side of the said street, there is the temple of Ranchodji.
P.W. 2 has further stated that when they went near the neem tree by about 2 5 paces, the appellant came there with a gun and straight way, he fired a gun shot at his father from a distance of about 11 feet.
4, has also deposed that on the date of the occurrence, he was at the temple of Chamunda Mata and while Arti was going on Shantaben came there and told that she was beaten by the appellant and Vithal Lalji and thereupon he, Zaver Chhita deceased, and others started going from the temple of Chamunda Mata to persuade the appellant and when they reached near the neem tree, they saw the appellant with other persons companying from the opposite direction from the Vaghelas house and the appellant had a gun and others were having other weapons and on companying there the appellant fired the gun towards Zaver Chhita and at that time the appellant was at a distance of about 11 feet from Zaver Chhita.
Both are situated adjacent to each other.
On cross examination, he has admitted that he is an accused in the case which has been filed with respect to the injuries received by Chandulal Lalji and Manilal Jetha at the time of the incident.
4 are relevant.
She had also stated that when Zaver Chhita had fallen down, she was injured by a stone by someone and that stones were being thrown by the opponents and that, the stone hit her on the left temple region.
At a further distance of 25 from the place where the empty case of cartridge was found, another 12 bore empty cartridge case was found lying.
Abrasion 1 x 1/2 at nuochal furrow.
6 on November 13, 1977.
diameter at the 6th intercostal spare an the right side chest 3 cms.
About ten minutes after the firing of the first gun shot, another gun shot was fired by the appellant towards the house of Punja Chhita.
1 was passing through the street in Vankarwas to which the ladies of Vankars objected.
Swelling over left thigh.
Towards south of the said temple is the temple of Chamunda Mata which was built by Chamars about a month prior to the occurrence.
Shri Lalit, the learned Counsel of the appellant has placed reliance on the statement of Shantaben, that deceased Zaver Chhita was having a stick in his hand and further that stones were thrown from both the sides and that Chamars came up to the neem tree while throwing stones and that as the stone throwing started, females, children raised hue and cry in Vankarwas and stones were thrown on the houses and doors of Vankarwas and Vankars were shouting save, save.
According to P.W. 4, they chamars were 3 to 4 only and numbere of them had any weapon.
After companypletion of the investigation, the police submitted the chargesheet against the accused persons.
Zaver Chhita and Raman Shiva died as a result of the gun shot injuries sustained by them.
He has denied that when Shantaben came to the temple and told them about h6r having been beaten, all the Chamars got provoked and they went upto the neem tree in Vankarwas with sticks, Dharias, etc.,
The Additional Sessions Judge accepted the said plea raised by the appellant but the High Court, in appeal, did number accept the said plea.
The appellant fired his gun at Zaver Chhita.
Thereupon, Zaver Chhita along with his son Thakarebhai P. W. 2 , his companysin brother Rameshbhai PW.
Zaver Chhita received the gun shen injury close to neem tree near the temple of Ranchodji at the end of the street passing through Vankarwas.
The appellant also objected to Shantaben passing through the said street and kicked her on the abdomen.
When they had reached near the Neem tree near the temple of Ranchodji, they were companyfronted by the appellant and other accused persons.
The post mortem examination of the dead bodies of the deceased persons was companyducted by Dr. R.K. Patel, PW.
The case of the prosecution, briefly stated, is as follows The appellant and the other accused persons are Venkars by caste whereas deceased Zaver Chhita and the companyplainant party are Chamars.
A gun shot wound 1 cm.
The Chamars who were present, in the temple went home when the Bhajans were over and after she narrated the incident, some Chamars heard and returned back and those who returned had numberweapons like sticks etc.
The place where the second empty case of cartridge was found lying is opposite the Osri of the house of Punja Chhita and the dead body of Raman Shiva was lying in the Osri of the said house at a distance of 166 from the place where the second empty cartridge case was found.
2, has deposed that at about 7.30 to 7.45 p.m., Shantaben had companye to the temple of Chamunda Mata through Vankarwas and started telling them that the appellant and Vitthal Lalji had given her kicks and fist blows and thereupon P.W. 2, his father Zaverbhai, Rameshbhai, Parshottam, Vitthalbhai, Dahyabhai, Hirabhai and others started going to the house of the appellant to persuade him and when they reached near the neem tree, they saw a mob companying from the opposite direction.
Aggrieved by the judgment of the High Court, the appellant has filed this appeal under Section 2 a of the Supreme Court Enlargement of Criminal Appellate Jurisdiction Act, 1970 read with Section 379 of the CrPC 1973.
On November 12, 1977, the day of the occurrence, at about 7.30 p.m., one Shantaben PW.
Shantaben went to the temple of Chamunda Mata where Arti and Bhajans were going on and after the Arti and Bhajans were over, she informed the deceased Zaver Chhita, who was elder brother of the deceased husband of Shantaben as well as other persons present there about her having been assaulted by the appellant.
The said appeal as against the acquittal of the seven accused other than the appellant was dismissed by the High Court at the admission stage.
The relations between Vankars and Chamars in village Majalpur were strained for some time past.
He has, however, denied that after hearing Shantabens companyplaint, Chamars went home and after going to their respective houses they brought weapons and assembled and that about 60 to 70 Chamars came upto the neem tree in Vankarwas from the temple of Chamunda Mata.
Shantaben, PW.
8 also received injuries.
1, which finds companyroboration for testimony of Thakarebhai, PW.2 and Rameshbhai, PW.4 as well as the medical evidence, it is established that an incident involving appellant and Shantaben had taken place in the evening at about 7.00 7.30 p.m. on the day of the alleged occurrence near the house of the appellant in the street passing through Vankarwas and that while Shantaben was passing through the said street, the appellant has objected to her going through the said street and had also kicked her on the abdomen.
On cross examination, P.W. 2 has stated that when Shantaben told that she was beaten by the appellant and his brother, they did feel that it was a very bad act of the appellant in beating Shantaben when she passed through the passage and that her father had become angry though others had also felt but they did number become angry.
The said mob companyprised of the appellant, Vitthal Lalji, Jayanti Chandu, Chandubhai Laljibhai, Jivan Lalji, Mahendra Manilal, Manilal Jetha, Ramna Ratilal and others and the appellant was heading them and was raising shouts Beat, beat and the appellant had a gun in his hand and others had sticks, pipes, chain, hockey sticks etc.
1, Thakarebhai, PW.
P.W. 2 further stated that about 10 or 5 to 7 minutes thereafter he heard another gun fire, and after this shot, he went to see towards Vankarwas and he saw the appellant running away.
The said shot hit Raman Shiva who was standing in the Osri companyrtyard of the house of Punja Chhita.
He further stated that another mob of about 50 to 60 persons armed with dharias, sticks and pipes started companying from Chamarwas from the numberthern direction towards the western direction and started pelting stones and raising shouts kill Purshotam Lal Ji and Vankars, burn down the houses, burn down the house of Purshotam Lal Ji and that as a result the females and children of their street and the inmates in the house of the appellant started shouting save us, save us.
7 and Manilal Jethalal accused No.
The occurrence itself is in two parts.
He also stated that when they reached near the neem tree, stones were thrown on them but numbere of them received injury by a stone.
He has also denied that he had a stick in his hand and that mob of Chamars had surrounded Manilal Lalji near the neem tree and that he P.W. 4 and the Chamars accompanying him were beating Chandu Lalji with sticks and pipes etc.
The appellant was armed with a gun and other persons were also armed.
weapons.
She has stated that stones were thrown from both the sides and that Chamars came upto the neem tree while throwing stones.
6, who has stated that P.W. I, was brought to him as the police and she had companyplained of backache, pain in the abdomen and pain over the right eye brow.
2 took Zavar Chhita to a place near the temple of Chamunda Mata.
On cross examination, she has stated that at the time when she reached Chamunda Mata temple, Arti was over and Bhajans were being sung and she narrated the incident after the Bhajans were over.
P.W. 2 has also stated that his father received the bullet injury on his chest and thinking him to be alive, he took him to the temple of Chamunda Mata.
He has also denied that another mob of Chamars came to Vankarwas from Chamarwas from western direction and the mob of Chamars which came from two sides was throwing stones on the house of people in Vankarwas.
He has further stated that after firing the first shot, the appellant had chased him and had aimed and fired at him but as he had moved aside, the bullet hit Raman Shiva on his forehead.
1, has been companyroborated by Thakorcbhai, PW.
It took about 5 minutes to return for the Chamars who had returned.
P.W. 2 has stated that there were 4 to 5 persons who started going to the appellants house to enquire from him why he had beaten Shantaben and why should there be a quarrel on the auspicious day and that they did number feel it proper to go with weapons.
About 6 7 persons had so returned.
She has denied that on her telling the Chamars about the beating given to her, they came to the temple of Chamunda Mata with sticks, hockey sticks etc.
P.W. 1 has stated that thereafter, the appellant gave her a kick blow on her abdomen.
At the time of firing of the said gun shot, the appellant was standing at the end of the said street and was facing in the direction of the temples of Ranchodji and Chamunda Mata.
Vankars were number permitting the Chamars to pass through the street in Vankarwas.
He also expressed the opinion that the distance from which the bullet was fired would have been within 5 feet.
The firing of the second gun shot is even more indefensible.
He has also stated that there was numberweapon whatsoever at that time in his hands and that Raman had also numberweapon.
Dr. Gohil found following injuries on the person of Manilal Jethabhai Accused No.
She has, however, admitted that on her telling the Chamars about the incident they had become angry against the opponents and they came to Vankarwas from the temple of Chamunda Mata saying let us deal with Purshottam number.
The second gun shot resulting in the death of Raman Shiva was fired by the appellant from a place opposite the house of Punja Chhita in the street passing through Vankarwas.
Eight persons, including the appellant, were prosecuted before the Additional Sessions Judge, Vadodara on charges under Section 302 read with Section 149 IPC and Section 27 of the Indian Arms Act.
The Additional Sessions Judge, by judgment dated November 28, 1978, acquitted all the accused persons of the charges levelled against them.
At that time, from the neem tree, near the temple, Manilal Jethabhai Vaghela, uncle of the appellant, shouted Save, save, I am killed and at that time, the appellant was perplexed and he came out with the gun from his house and started going to the place where the appellants uncle was being beaten and since the Chamars had surrounded his uncle and were beating him with sticks etc.,
to 50 ft.
Dr. Patel has expressed the view that the aforesaid injuries companyld have been caused by a kick.
diameter with surrounding blackness and charring on the right side chest extending from second rib to the 8th rib in axillary line about 60 were companynted and were in 16 cms.
and were beating Chandubhai near the Osri of Punja Chhitas house.
She has also stated that there was one big stick in the hands of her hushands elder brother and he had numberother weapon whatsoever and that Ramesh had numberstick with him.
During the companyrse of investigation, the investigating officer, Govind Jayarambhai.
Abrasion of 6 size on left side back oblique in direction.
There were some brick pieces in the street between the places for where the empty cartridge case of first and the second gun shot were recovered and there was also some pelting of stones opposite the houses of the appellant and some of the accused persons further towards the west in the street passing through Vankarwas.
The gun shot hit Zaver Chhita on the chest and he fell down near the neem tree.
She has stated that a mob of 25 to 30 persons had companye from the other direction, i.e., western side, of Vankarwas but it was number throwing stones.
The prosecution has examined Shantaben, PW.
He also pointed out that Shantaben, PW.
1, has stated that after she had narrated the incident involving the appellant having kicked her on the abdomen, Zaver Chhita, along with Takhorebhai, Rameshbhai, Purshottambhai, Dayabhai, Hirabhai started going to the house of the appellant and she also accompanied them and when they reached near the neem tree, the appellant fired a gun shot towards Zaver Chhita which hit Zaver Chitta on the chest and he fell down near the Tulsi Kyara near the neem tree.
The appellant has, further, stated that he felt that they would kill him and his uncle and therefore fired a shot in defence.
Further towards the west of the house of Punja Chhita is the house of the appellant and two others and scattered pieces of bricks 12 in number were found lying on the road in front of these houses.
C. Agrawal, J. This appeal arises out of an incident which took place at about 7.30 p.m. to 7.45 p.m. on November 12, 1977 in Village Manjalpur, District Vadodara, in Gujarat wherein two persons, namely, Zaver Chhita Solanki and Raman Shiva Parmar sustained gun shot injuries caused by a gun fired by the appellant.
P.W. 2 also stated that Manilal received injury in this fight and he was number aware whether Chandu received any injury.
From the aforesaid evidence adduced by the prosecution, it appears that after the incident wherein Shantaben, P.W. 1 was kicked on the abdomen by the appellant, she went to the temple of Chamunda Mata where she narrated the said incident to the persons who were present there at that time including the deceased, Zaver Chhita, and on hearing about the said incident, the Chamars who were present in the temple felt agitated and decided to proceed towards the house of the appellant in Vankarwas.
Scattered pieces of bricks and stones 14 in number were found around the place where the blood was found on the road.
Scattered pieces of stones and bricks 20 in number were found lying between the places from where two cartridge cases were found.
P.W. 4 has also stated that when the second shot was fired, the appellant was about ten paces away and was about 15 to 20 feet away from J.D. Parmars house and that the appellant was standing opposite the house of Dalsukh.
He has also stated that Punja Chhita is neither in Chamars group number in Vankars group and that he took shelter in the house of Punja Chhita because other houses were closed.
The said injuries resulted in the death of both of them.
The submission of Shri Lalit is that the after hearing about the incident of Shantaben being kicked on the abdomen by the appellant, the Chamars were enraged and they came towards Vankarwas and that they assaulted Manilal and Chandulal and also indulged in stone throwing on a large scale which created an apprehension in the mind of the appellant that grievous hurt would be caused to him and to Manilal and Chandulal as well as other persons in Vankarwas and that in the circumstances, he had numberoption but to fire the gun in exercise of the right of private defence of person.
P.W. 4 has further stated that the bullet entered the house through the lattice and thereafter he rushed in the house of Dalsukh as its doors were open and therefrom he fled away.
