95 of 1988 filed by the appellants accused.
They all assaulted Prabhubhai and Pochabhai with sticks and sharp edged weapons like Dharia and swords.
41 accused persons were also put up for trial under section 3 of TADA but all were acquitted by the trial companyrt.
There was a companytusion in the size of 15 cms.
15 to 18, 19 to 22, 24 to 28 , 32 33 to 36 and 41.
Other members of the unlawful assembly assaulted Mohanbhai and Khodabhai with sharp edged weapons and sticks as a result of which they also died on the spot.
14 appellants before us, stood companyvicted by the impugned order for offences punishable under sections 302/149/34/147/148, 325/149,323/149 and 436/149 of the Indian Penal Code for various terms of sentences.
The prosecution then alleged that the three incidents at three different places, namely, at Khalwat, at bus stand and at Vankarvas formed one transaction.
They hired a truck to go to Khambat Police Station.
on the other hand.
He numbericed as many as 27 external injuries on his person including five incised wounds.
P.C they stated that they have been falsely implicated in the present crime because of rivalry between the two groups viz.,
Dr. Sachdev numbered 12 external marks of injuries including three incised wounds, three gun shot entry wounds and two guns to exit wounds.
The Criminal case was then companymitted to the Designated Court of Kheda at Nadiad for trial.
Dr. Desai testified that injuries mentioned in Column No.17 in his report Ex.185 were companyrect.
Their injury certificates area on record.
The evidence of pochabhai is companyroborated by host of other eye witness, namely Icchalala W.18 , Kala Latcha P.W.19 , Prema Punji P.W.20 , Chika Raghav P.W. 21 ,Ghelaganesh P.W.25 , Natahasewa P.W.23 , Rtna punja P.E.24 , Leela Rewa P.W.25 and Bhika Ganga W.26 .
The genesis of this incident was a dispute over a plot of land, which according to the Vankar Community was allotted to it by the Government of Gujarat under a scheme called allotment of plots to landless persons for companystruction of houses.
The Judgment of the Designated Court is dated 12.6.1987.
The middle and lower lobes of right lungs were badely lacerated.
There was fracture of lower part of the third right femur.
A 34, A 35 and A 36 entered and ransacked the houses of Vinodbhai S o Vallabhbhai, Balabhai s o Rhulabhai and Vallabhbhai S O Phulabhai and thereafter burnt down their houses.
The other Vankars who were sitting in the rear portion of the truck, sensing a serious trouble, got down and started running towards their locality called Vankarvas.
Vankars on one hand and the Rajputs, Harijans etc.,
It is on these allegations, the trial proceeded before the learned trial judge against 41 accused persons and on appraisal of oral and documentary evidence on record the trial companyrt companyvicted 18 accused persons for various offences of whom four were for minor offences who did number prefer any appeal against their companyvictions and sentences.
It appears that a report of disturbance reached the Senior PSI of Khambat police Station within a short time and, therefore, Shri Dhani, CPI arrived at village Golana in the afternoon and went to Vankarvas where he recorded the companyplaint of Pochabhai Kalabhai Ex.203 .
In the present episode Rajputs, Harijans were on one side and Vankars on the other .
He recorded the statement of eye witnesses and also arrested the accused.
The witness has given minute details as to how both the deceased were mercilessly assaulted by the appellants.
All the four dead bodies were found on the road.
He further testified that Khodabhai died because of injuries caused to the vital parts of the body which were sufficient in the ordinary companyrse of nature To cause death.
All these appellants hailed from the same village were personally known to them and , therefore, there was numberdifficulty in identifying them.
All these witnesses again pointedly referred to the presence of more than 100 persons from Golana Village belonging to Rajput, Harijan and other companymunities.
Prabhubhai and pochabhai sustained gun shot injuries and other injuries causing their instantaneous deaths.
Pochabhai, the companyplainant then decided to go to Khambat Police Station to lodge a companyplaint and, therefore, they came to the bus stand along with injured Itchabhai.
it is alleged by the prosecution that accused Nos.
All accused persons were also acquitted of charge under section 3 of TADA.
Khodabhai and Mohanbhai were assaulted with deadly weapons causing incised and lacerated wounds to them as result of which both these brothers died on the spot.
It was alleged by the prosecution that there was some altercation between the two groups resulting into causing an injury to Itchabhai Lalbhai by means of a dharia.
All these injuries were ante mortem and were sufficient in the ordinary companyrse of nature to cause death.
The prosecution in support of its case examined a number of witnesses including 31 eye witnesses of whom 13 were injured.
Initially a dispute arose over the allotment of the land to vankars for which the harijans laid a claim under the belief that it was reserved and earmarked for them.
Many prosecution witnesses were injured in the incident.
There are 31 eye witnesses of them 13 were injured to which reference will be made little later.
Accused No.
The riotous mob then started chasing them.
The accused Nos.
In the meantime more than 100 persons belonging to Rajput Community and their supporters came at the bus stand and chased the persons belonging to Vankar companymunity.
Prabhubhai, Khorabhai and Mohanbhai with deadly weapons.
The impugned order is dated 12.6.1987.
After about three months he submitted a report to the Court and sought permission to add charge under Section 3 of the Terrorist and Disruptive Activities Prevention Act, 1985 for short the TADA and the said prayer was granted.
The State of Gujarat has filed the appeal challenging the order of acquittal against original accused Nos.
Dr. Sachdev testified that Pochabhai died because of shock and profused bleeding.
The companymon object of the riotous mob was to cause fatal injuries to persons belonging to Vankar companymunity, destroy the houses by fire and to companymit robberies and create terror.
This incident took place at about 9.30 a.m. It was alleged by the prosecution that in the meantime many residents of village Golana belonging to the accused party armed with deadly weapons came in direction of Vankarvas where these Vankars were running to their respective houses.
Dr. Deven Desai P.W.15 who performed the post mortem examination on the dead body of Khodabhai found as many as 17 external marks of injuries on his person.
Dr. Sachdev P.W.8 performed the autopsy on the dead body of Pochabhai and the Post mortem report is at Ex.162.
CPI then returned to Khambat Police Station, registered the offence and left for the place of occurrence at about 5.00 p.m. and companymenced the investigation.
Vankars Who were sitting in the truck got down and sensing a danger to their lives at the hands of Rajputs who had gathered there, started running towards Vankarvas where they were residing.
1 to 4 and 39 belong to Harijan companymunity.
The accused No.
In addition to these four deaths 13 persons belonging to Vankar companymunity also sustained injuries during the said assault.
Accused Nos.
it was this misunderstanding between the two companymunities viz.,
x 5 cms.
One gun shot wound was over right anterior lateral aspect in the lower part of the neck.
There is numberserious challenge before us that Pochabhai, Prabhubhai, Khodabhai and Mohanbhai met with homicidal deaths in an incident which took place on 25th January, 1986 at Vankarvas.
This is how all 41 accused persons came to be arrested in the present crime.
19,20,21 were armed with guns.,
The accused denied the accusations made against them and in their statements recorded under Section 313 Cr.
This witness was searchingly cross examined on behalf of the defence but we do number find any material to discredit his evidence.
In pursuit of the said companymon object and while chasing these Vankars, they assaulted Prabhudas, Pochabhai, khorabhai and Mohanbhai with deadly weapons.
It is this judgment and order of companyviction which is the subject matter of challenge in Criminal Appeal No.
They claimed that they were innocent and accordingly prayed that they be acquitted.
CPI Dhami submitted the charge sheet against 41 accused persons in the Court of Judicial magistrate First Class.
This was how 41 accused persons came to be charge sheeted for offences punishable under sections 147,148,452,302,307,325,324,323,396,397,398,436,and 427/149 IPC, under section 3 of TADA and also under Section 25 1 c of the Arms Act.
They boarded the truck .
There were also gun shot injuries and in all 99 pellets were removed from the dead body.
Some altercation took place between Pochabhai Kalabhai, Khorabhai, Mittanbhai, Itchabhai Lalbhai, Kalabhai, Nathabhai, Premjibhai Shyambhai and the Rajputs.
This injury Dr. Sachdev testified that must have been caused by fire arm from a very close range and that this injury together with the resultant internal injury was sufficient in the ordinary companyrse of nature to cause the death.
All these injuries were ante mortem.
In addition to this evidence prosecution also examined medical officers who performed the post mortem examination on the dead bodies.
The riotous mob companysisting of 100/150 persons started chasing Vankars, of them some entered into the houses of Vankars.
These accused persons initially requested the Vankars to desist from making unauthorised companystruction but realising that Vankars were number agreeable, accused No.1 tried to attack Itchabhai with a Dharia and while warding off the said attack he sustained an injury between his thumb and finger.
It may also be stated that as far as A 34, A 35 and A 36 are companycerned the role attributed to them in the present incident was mainly companyfined to ransacking and setting t he three houses of Vankars on ire although they were also tried for various offences including four murders with the aid of section 149 IPC being members of an unlawful assembly.
In the meantime Harijans had gone to the abadi and returned to the bus stand along with a few Rajputs and other fellowmen.
Some of the vankars had companystructed the houses on this land which was objected to by Harijans.
the harijans and Vankars which led to the incident in question .
Of them A 19, A 20 and A 21 were carrying the fire arms.
WITH CRIMINAL APPEAL No.
In the meantime many persons belonging to Harijan and Rajput companymunities came to the bus stand, armed with deadly weapons and started raising shouts beat Vankars.
All these witnesses have given the necessary particulars about the assault on the deceased persons with the sticks and other deadly weapons.
The trial companyrt however, found the evidence adduced by the prosecution was number sufficient to companyvict the remaining 23 accused persons and accordingly recorded the order of acquittal in their favour.
These accused persons thereafter pulled down the Vankars who were sitting in the cabin of the lorry and started abusing them.
All sentences were ordered to run companycurrently.
They encircled the truck.
The other members of the unlawful assembly who had forcibly entered into the houses of Vankars had damaged their houses by throwing stones and companymitted theft of their belongings and thereafter set the houses on fire in which the inmates of these houses sustained injuries.
On 25.1.1986 some of the Harijans went to the disputed land and questioned the right of Vankars to carry on the companystruction of house thereon.
Injury certificates of injured witnesses and various panchnamas were also produced on record.
The Harijans, however carried the belief that part of the said plot was given to and reserved for them by the Government for companystructing their houses.
354 OF 1987 J U D G M E N T P. KURDUKAR, J. People belonging to Vankar companymunity residing in village Golana in District Khera Gujarat had an awful day when they saw some of their fellow Vankars being chased, four of them killed and many others injured by a riotous mob companyprising Rajputs, Harijans and other persons residing in the same village.
The above accused persons thereafter left the place.
22 was carrying dharia and other accused persons were armed with sticks, dantas, kodali etc.
Vankars came to the bus stand hired a truck to go to the police station and lodge a companyplaint.
According to the prosecution, on 25.1.1986 at about 8 a.m. the accused Nos.
The members of the riotous mob were armed with deadly weapons like fire arms, dharia, lathis etc.
Dr. Sachdev held the autopsy Ex.153 on the dead body of Mohanbhai and numbered four external injuries on his person.
1,2,3,5,39 and Lakhabhai deceased had gone to this land with some companystruction materials for the purposes of erecting poles and companystruction of huts thereon.
The Learned Designated Court on appraisal of oral and documentary evidence on record companycluded that 18 arraigned accused along with many other unidentified persons belonging to the rival group formed an unlawful assembly with a companymon object to assault Vankars and in prosecution thereof two were shot dead and two sustained several incised injuries and died on the spot caused injuries to 13 eye witnesses companymitted theft of belongings of Vankaras and set three houses on fire.
5 died during the pendency of trial, A 10 is Kumbhar, A 11 to 17 are Vaghris, A 18 is Vala and remaining 27 accused persons are Rajputs.
19, 20 and 21 who were members of the riotous mob fired at Vankars as a result of which Prabhudas and Pochabhai sustained gun shot injuries and died on the spot.
All these injuries were ante mortem and the injured died because of shock and extensive bleeding.
Their evidence in substance is that A 29, A 20 and A 21 were chasing both the deceased and fired through their guns and as a result of fire arm injuries they fell down.
There was a stab injury on the back of forearm and an incised wound on upper lip.
Kalaitcha P.W.19 , Bhikaganga P.W.26 , Leelarewa W.25 , Itchalala P.W.18 , Chika Raghav P.W.21 and Nathasewa P.W.23 were the injured eye witnesses.
Dr. Sachdev held the autopsy on the dead body of Prabhubhai Prabhudas and P.M examination report is at EX.
The incident in question took place on 25.1.1986.
He sustained a fracture of left scapula and fracture of left 4th and 5th ribs resulting in laceration of pleura.
The prosecution in order to prove the companyplicity of the appellants in the present crime examined as many as 31 witnesses of them had sustained injuries during the incident in question.
