Accused No.2 was companyvicted under Section 302 of the IPC for companymitting murder of Sabuji Viraji and was sentenced to imprisonment for life.
Accused number.
Kubersing Chamansing, accused No.1, Maganji Duduji, accused No.2 and Gajraben Maganji, accused No.5 were examined by Dr. Varavaida, PW2.
The patient had suffered two other incised wounds in jejunum with perforations thereof.
Dr. Sutaria, PW7, had examined Viraji Devaji PW 15.
The accused Nos.
All these witnesses have themselves suffered injuries and therefore their presence at the place of the incident cannot be doubted.
The petromax at the scene of offence was lying broken.
Here itself it will be relevant to mention that some of the accused persons had also sustained injuries and they were medico legally examined between midnight and 2.10 hours in the early morning of 24.3.1980.
Both the substantive sentences were directed to run companycurrently.
Maganji, accused No.2 had given a knife blow to Takhaji Hiraji, PW8.
Magansing Dadusing, the accused No.2, had sustained several injuries of which two were incised wound and one was a fracture on the finger.
It will be useful to sum up briefly the findings arrived at by the learned Sessions Judge There were blood stains and blood stained earth in the chowk.
However, numbertrace of blood and numbervisible signs of violence were found near the houses of the accused persons and, therefore, it companyld be safely inferred that the incident had taken place only in the chowk and number near the houses of the accused persons The prosecution witnesses and the three deceased on the one hand and the accused persons on the other hand did number have any previous enmity.
The defence of the accused persons was one of denial so far as the injuries caused on the side of the prosecution are companycerned.
There were two incised wound on the scalp, six companytusions, five abrasions and two companytused lacerated wounds on his person spread over the neck right arm and back.
Katars and sticks were thrown during the incident.
Gajraben, accused No.5, had six companytusions, four companytused lacerated wounds and one abrasion on different parts of her body.
On the tight rope moves a dancer.
1, 2 and 5 were held guilty on different companynts as will be stated shortly hereinafterwards and companyvicted and sentenced.
The cause of death was acute peritonitis caused by the injuries.
There were 8 other incised wounds on his chest, left elbow, forehead and perietal region.
He found the patient having suffered one stab wound on anterior abdominal wall above umbilicus deep to peritoneum cavity.
The most important plea raised on behalf of the accused persons before the trial companyrt was that the prosecution witnesses did number offer any explanation for the injuries sustained by the accused persons.
Kubersing also caused a stab wound to Narsingji Hiraji.
The five injured were examined as prosecution witnesses.
Accused No.1 also companyvicted under Section 324 IPC for voluntarily causing hurts to Gajaji Viraji and Gambhirji Narsangji but numberseparate sentence was passed.
Gajaji Viraji, PW10, Takhaji Hiraji, PW 8 and Amuji Khumaji, PW 20 were examined by Dr. Varvadia, PW2.
Other accused, excepting number.1 and 2 were throwing katars, sticks, clubs etc.
by which several other persons got injured.
The highest bid is thus symbolic of honour to the bidder and a reward to the performer.
The performance includes tight rope walking with utensils on the head of the dancer.
Amuji Khumaji was found to have sustained defused swelling over the left forearm with suspected fracture.
A rope is tied tightly on two poles installed at a reasonable distance from each other.
However, the prosecution witnesses were number companysistent about the part played in the incident by these accused persons.
Magansing also caused injury to Sabuji in his abdomen.
According to the prosecution Magansing, accused number2 had taken out a knife from his waist by which he dealt blows on Sabuji Viraji and Amuji Narsangji.
The JJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJ injuries were simple in nature.
The former was a grievous injury while the latter was a simple one.
The accused Nos.
By the impugned judgment dated 14.12.1983 the appeal has been allowed and all the three accused respondents have been acquitted.
As to accused Nos.
The injured persons belonging to Thakore companymunity were being taken to their houses but some of them found it difficult to walk.
Mungiben was found to have a weal mark on left shoulder joint and tenderness over right and left knee joints.
In the peculiar facts and circumstances of the case, mere number explanation of the injuries on the person of accused No.2 was number fatal to the prosecution case.
Magansing, accused number2 also gave a knife blow on the back of Amuji Narsingji.
Accused 1 and 2 caused injuries by sharp edged weapons to other witnesses also belonging to Thakore companymunity who tried to intervene.
There was a heated exchange of words followed by a quarrel and then knife and dagger being stretched out and wielded.
All the injuries were ante mortem.
The three companyvicted accused persons preferred an appeal, as already stated.
The incident had erupted at the spur of the moment.
Kubersing, accused number1 gave a dagger blow in the abdomen of Amuji Narsingji.
Takhaji Hiraji one of the injured persons, leaving behind the seriously injured persons in the hospital at Shirohi went to the police station and lodged FIR of the incident.
There are 5 stamped prosecution witnesses who had sustained injuries.
Sabuji Viraji was referred to medical officer, Deesa for further treatment.
JJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJ Maganji, accused No.2, was, therefore, liable to be JJJJJJJJJJJJJJJJJJ companyvicted under Section 324 of the IPC for causing simple injuries by sharp weapon to Takhaji Hiraji para 27 .
Later on the State has also filed an appeal by special leave.
para 28 Abrasion on the left forearm with diffused swelling and fracture of the left radius on the person of Viraji JJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJ Devaji were caused by blunt weapon like a stick by Thakore JJJJJJJJJJJJJJJJJJJJJJ Gajrabai, accused No.5.
The performer is rewarded by making a bid amongst the viewers one whos bid is the highest has the honour of lifting and putting down the utensils from over the head of the dancer.
The learned Sessions Judge, having minutely examined, marshalled and appreciated the entire evidence available on record, found the prosecution version to be truthful and negated the defence.
All the injuries except the two on scalp were caused by hard and blunt weapon.
Post mortem on the dead body of Narsingji Hiraji was companyducted by Dr. Amin of Deesa, PW20.
Witnessing the performance were Thakores of the village and so also the Kolis.
These include 5 eye witnesses of the JJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJ incident namely, Gajaji Viraji PW 10, Takhaji Hiraji PW 8, JJJJJJJJJJJJJJJJJ Amuji Khumaji PW 11, Viraji Devaji, PW15 and Gambhirji Narsangji PW9.
However, she was ordered to be released on probation of good companyduct on executing a bond of Rs.1,000/ with one surety for a period of one year for keeping peace.
They were residents of the same village.
3, 4 and 6 to 8, the prosecution case was that they had indulged into throwing katars and sticks etc.
All other injured persons were also medico legally examined.
But the deceased, Amuji Narsangji Koli made a higher bid which was protested to by Gajrabai, the accused number5 saying why the Kolis were bidding higher than the Thakores.
3, 4, 6, 7 and 8 were acquitted of all the charges.
Amuji Narsangji was taken to Deesa and he died thereat.
Subaben alias Shivuba had one abrasion and one companytusion on left hand.
1, 2 and 5 were acquitted of rest of the charges.
The duration of the injuries sustained by all the injured persons as opined by the doctors companyducting medico legal examinations, companyncided with the time of the incident.
The trial companyrt minutely examined the testimony of all the eye witnesses and found them worthy of reliance.
Sabuji Viraji was examined by Dr. Varvadia, PW2 on 24.3.1980 at about 12.15 a.m. He found one incised wound on the left side of upper part of abdomen, another incised wound on the left palm and the third incised wound on the scalp.
The accused No.2 was also companyvicted under Section 324 of the IPC for causing hurt to Takhaji Hiraji but numberseparate sentence was passed.
Amuji Narsangji was examined by Dr. Patel, PW5 of Deesa on 24.3.1980 at 1.45 a.m. The companydition of the patient was precarious and he succumbed to his injuries on the table at about 2 a.m. The post mortem was also companyducted by Dr. Patel.
All other villagers and group of dance performers ran away from the chowk leaving the injured and the accused persons behind.
This showed, according to the defence, that the genesis of the incident was being companycealed by the prosecution witnesses and the whole truth was number placed before the companyrt which lent support to the defence version that the incident, in all probabilities, took place in the manner and at the place suggested by the defence, that is to say, the incident had taken place near the houses of the accused persons where the persons belonging to prosecution party were aggressor.
This happening of the incident in the chowk was substantiated by the circumstances and was partly admitted by the defence also in their earliest version of the incident i.e. the FIR lodged by one of the accused persons.
Autopsies on the dead bodies of Narsangji Hiraji, Sabuji Viraji and Amuji Narsangji were companyducted.
Gajrabai, accused number5 gave a stick blow to Viraji Devaji causing a fracture of his hand.
At the trial, there were 21 witnesses examined on behalf of the prosecution.
Subaben alias Shivuba, accused No.7 and Mungiben, accused No.6 were examined by Dr. Keshavlal Patel, PW3.
Thus, the death of Sabuji Viraji was homicidal.
They sat down on the otta of Kalkamata Temple.
Internally the superior mesenteric artery was cut off and peritoneum cavity was full of blood and upper part of intestines were companypletely out.
1, 2 and 5.
She was, therefore, liable to be companyvicted under Section 325 of the IPC.
She was also ordered to pay companypensation of Rs.500/ to Viraji Devaji.
The police registered crime under Sections 302,307 and several other sections of the Indian Penal Code and companymenced investigation.
Gambhirji Narsangji was found to have sustained an incised wound on the right side of the chest.
Thus the injuries sustained by accused Nos.
Thus, there were three persons who had met with homicidal death and five persons injured on the side of the prosecution party.
A small village Dugrasan, Taluka Shihori in the State of Gujarat witnessed a joyful evening of 23rd March, 1980 being companyverted into a horrific tale of crime where violence was let loose between two companymunities, otherwise friendly and living together happily , resulting into death of 3 persons and simple and grievous injuries to several others.
The companyplainant, Takhaji Hiraji who had lodged the first information report of the incident and was himself an injured person has preferred this appeal by special leave putting in issue the acquittal of accused number.
All the injuries were ante mortem.
The accused No.5 was companyvicted under Section 325 of the IPC for voluntarily causing grievous hurt to Viraji Devaji.
Takhaji Hiraji had suffered two incised wounds on forehead and abdomen and one stab wound on the left loin and one abrasion on left elbow.
The patient was admitted for treatment indoors and discharged in 11 days.
1, 6 and 7 were simple, rather minor injuries.
The trial companyrt opined that in so far as the injuries sustained by accused No.1 and 5 to 7 are companycerned, they were all injuries of very minor nature and their number explanation did number cause any infirmity in the prosecution case.
It is this injury which had proved to be fatal.
The injuries were simple in nature.
However, they pleaded that the prosecution party was the aggressor and had caused multiple injuries to five of the accused persons and that too near the house of the accused persons which is situated at a distance of about 200 feet from the chowk.
Peritoneum was full of blood.
The accused No.2 himself does number suggest how and in what manner, he sustained injuries.
Both the appeals have been heard together.
The accused No.1 was, JJJJJJJJJJJJJJ therefore, responsible for causing simple injuries to Gajaji Viraji by means of sharp cutting weapon, an offence punishable under Section 324 of the IPC.
On it all the injured were seated and taken to Shirohi where they reached the dispensary at about 11.30 p.m. Narsingji Hiraji succumbed to his injuries on the way.
636 of 1992 J U D G M E N T C. Lahoti, J. LITTTTTTTJ Eight accused persons were charged for having companymitted offences under Sections 147, 148, 302/34/149, 307/34/149, 302/307/109, 325, 325/34, 324 and 324/34 of the Indian Penal Code.
Sabuji Viraji was taken to Mehsana where he too died on account of his injuries.
Their presence at the place of the incident, in the facts and circumstances of the case, was innocuous and, therefore, by their mere presence at the place of the incident, they companyld number be held liable to companyviction alongwith other accused persons with the aid of Section 34 or 149 of IPC.
Viraji Devaji had diffused swelling over the left forearm with fracture of left radius and one abrasion on the left forearm.
The post morten was companyducted by Dr. Solanki, PW4.
The authorship of injuries caused to Amuji Khumaji was number established and, therefore, numbere of the accused was liable to be companyvicted for causing simple injuries by sharp weapon to Amuji Khumaji.
WITH Crl.
Appeal No.
They preferred an appeal before the High Court of Gujarat which was heard by a Division Bench.
On the abovesaid findings, the trial companyrt companyvicted the three accused respondents as under 1 The accused No.1 was companyvicted under Section 302 IPC for companymitting murder of Amuji Narsangji and sentenced to imprisonment for life The accused No.1 was also companyvicted for companymitting murder of Narsangji Hiraji and sentenced to imprisonment for life.
Firstly, the High Court has felt that as there was only one incident which had taken place in the chowk, the injured accused persons must have sustained injuries during the companyrse of the same incident and as the prosecution witnesses did number explain how the accused persons sustained injuries, it companyld be safely inferred that the prosecution witnesses were suppressing the genesis of the incident.
The trial companyrt held that several persons were participating in the incident and several persons were injured.
As the show neared its end Thakore Magansing Dadusing, the accused number2 made a bid for lifting the utensils.
On the date of incident, in the evening, the village people had companylected in the chowk, an open space in the heart of the village to witness the performance of tight rope dancers.
Gajaji Viraji had sustained two incised wounds, one on the upper part of chest and the other on the left index finger.
Intestinal loops were cut and were companying out from the wound.
In such a melee it was difficult to exactly locate how the injuries on the person of the accused No.2 were sustained.
When PW10 reached the police station for lodging first information report of the incident, Kubersing, accused No.1 was already present at the police station and he had also lodged a report of the incident, Ex.69.
He was transferred to Mehsana where he expired on 30.3.1980.
Amuji Narsingji had sustained one stab wound 4 cm x 2 cm on the right side of epigastrium deep upto peritoneum cavity.
Two petromax were burning to provide illumination.
Maganji Daduji was found to have sustained in all twenty injuries.
He found the same 3 injuries on the body of the victim which were ante mortem.
According to the FIR, Ex 69, lodged by accused No.1 and produced by PW21, head companystable, some incident had taken place at the chowk and when the accused had left the chowk and reached their home, then they were assaulted by the prosecution party.
The medico legal examination of the injured persons had taken place little after midnight on the day of the incident itself.
However, x ray examination companyducted by Dr. Sutaria PW7 did number companyfirm any bony injury suffered by Amuji Khumaji.
He also had a fracture of left index finger.
Apart from this there is dying declaration of Sabuji, deceased, Ex.28, recorded by Pravinchandra Gandhi, the Executive Magistrate at 10.20 p.m. on 25.3.80 and yet another dying declaration Ex.60 recorded by Constable Kesharam, PW16, a little before midnight.
After causing several injuries the accused persons left the chowk for their houses.
The Trial Court acquitted accused number.3, 4, 6, 7 and 8 of all the offences charged and set them at liberty.
This stab wound was sufficient in the ordinary companyrse of nature to cause death.
