That was the evidence of Dr. Lala.
They belonged to the Barwad companymunity of Gundi village of Dholka Taluka, Ahmedabad Rural District.
The other piece of evidence as to whether there was any passenger who had got down at Bhurki Railway Station was also found by the High Court number to be a ground for doubting Khengars testimony because Rupsing was number asked any question as to whether the persons he met in the village companying from the opposite direction were passengers.
The High Court set aside the order of acquittal and companyvicted the appellants.
As to the discovery of blood stained articles, viz.,
1 an incised wound near the outer angle of left eye and injury No.
The doctor was number asked as to whether these two injuries Nos.
3 was encircled under the signature of Panch witnesses.
The High Court rightly said that there was numberreason to disbelieve the three panchnamas and once that evidence was accepted it clearly followed that the prosecution established that a gun with stains of human blood on it and belonging to Falji Teja was recovered from a spot from where accused No.
The High Court did number companysider it safe to rely on the testimony of Pitambar because of the previous enmity between him and the Bharvads and on the additional ground that Pitambar was trying to improve upon his earlier version regarding the names of the assailants that were disclosed by Bai Samu.
Injury No.
Rupsing Raja, Mera Mathur, Pitambar Bhura were also present when Kavabhai Mansing went up to the scene of offence.
This cut mark was taken out from the portion encircled in ink when the Panchanama was made.
The Police Sub Inspector recorded inquest and took charge of that broken piece of Dharia blade.
The High Court examined the pachhedi and found that there was only one cutting taken out from the pachhedi and that too was from the portion around which there was a circle in ink and the signature of panch witness Nanbhai was also there.
Injuries Nos.
The evidence of Panch witness Chaturbhai was found by the Sessions Judge tainted because the prosecution did number examine the other two Panchas one of whom was a Muslim and the other a Sindhi.
The Panchnama Ex.
The number and other description tallied.
3 is of great importance for the purpose of companyroboration.
Since the murder of Bharvads relations between Koli Patels and Bharvads were number friendly.
The second was evidence of eye witnesses Pitambar Bhura and Khengar Falji and Rupsing Raja.
1 was in police custody at that time.
The first was evidence of motive.
Dr. Lala spoke of six injuries on Falji Teja.
2 Dhana Megha and accused No.
The Sessions Judge found that though the prosecution had established that there were strained relations between the accused and the deceased it companyld number be said that the incident of murder of Bharvads had number resulted in strained relations between Falji and any other Bharvad of the village but that possible motive for the murder companyld number be treated as companyroboration of the evidence of the three eye witnesses Pitambar, Khengar and Rupsing.
Khengars evidence was there was a spear injury but he had number specified the part of the body where the spear had landed.
4 companyld have been inflicted by a spear or by an exe.
He informed his mother Bai Samu about the assault on his father and told her who the assailants were.
The three accused presented themselves before the Police Inspector on 21 February, 1965.
Accused No.
Accused No.
1 and 2 companyld number have been caused when Falji was lying with his face downward.
The piece of blade of Dharia which was found at the scene of the offence matched the broken edge of the Dharia discovered.
Dr. Lalas evidence was that all the injuries companyld have been caused by sharp cutting instrument and the death of Falji Teja was due to shock and haemorrhage as a result of the fracture of the skull.
Bai Samu in cross examination maintained that Khengar had given her the names of the three accused as the assailants of her husband.
The High Court referred to the three Panchnamas Exhibits 20, 21 and 23 as pieces of circumstantial evidence.
1 and a Dharia by accused No.
The medical evidence was that the different injuries companyld have been inflicted by Dharia, axe and spear.
There were blood stains on the axe but the blood had so integrated that the origin companyld number be determined.
3 was allowed to change the pachhedi by wearing another pachhedi which he had with him and the spot of blood which was numbericed on the pachhedi of accused No.
It was number obligatory to call Dayaram because it companyld number be said that Chaturbhai was an interested witness.
The stain of human blood on the pachhedi worn by accused No.
The Panchnama Exhibit 21 was recorded in companynection with the scene of offence.
The Police Sub Inspector discovered in the presence of Panchas a gun which accused No.
Falji and Khengar met the train but companyld number find any agricultural labourer.
Exhibit 21 also spoke of the piece of blade of Dharia found lying at a distance of one pace to the south of the dead body and the spear was found lying at a distance of about 7 paces to the west of the dead body.
They were charged under Section 302 read with Section 34 of the Indian Penal Code and accused No.
1 had companycealed at the house of a tailor.
The Sessions Judge examined the case under three broad heads.
The appellant Bhika Valu is the nephew of Vajakaran Vaha and is brother of Ranchhod Valu both of whom were among the murdered Bharwads.
Panch witness Nanubhai spoke of the piece of apparel Pachhedi of the nature of a short dhoti worn by accused No.
2 and 3 ran up to the spot.
The present offence was alleged to have been companymitted in companysequence of the strained relations between the Koli Patels and the Bharvads.
One Kavabhai Mansing happened to go to a well near the scene of offence.
1 was charged under Section 379 of the Indian Penal Code.
Khengar being the son of Falji and a young boy of 14 was found by the Sessions Judge to be a witness whose evidence had to be very carefully scrutinised along with the evidence of Pitambar Bhura and Rupsing Raja.
3 immediately after he was arrested had stains of human blood.
No other cutting was taken out from the pachhedi.
Then they started on the return journey to Gundi Village.
Another prosecution witness Rupsing Raja also a Koli Patel was behind Pitambar Bhura and was on his way to the field.
3 was a strong reliable piece of evidence.
1 and 2 were companycerned.
He made a panchnama.
The reports of the Chemical Analyser and Serologists indicated that there were stains of human blood on the gun and on the handle of the Dharia and the other portion of Dharia.
3 put on the pachhedi.
The accused, in the present case, were Bharvads and the witnesses and the deceased Falji were Koli Patels.
Five or six years prior to the date of occurrence, namely 20 February, 1965, 5 or 6 Bharvads of Gundi village were murdered.
Khengar told Bai Samu that his father was assaulted and on Bai Samu asking him who the assailants were Khengar told her that accused No.
The discovery of a gun and an axe by accused No.
The High Court rightly rejected the criticisms of Khengars evidence, namely, that he said that numberpassenger had got down at Bhurki Railway Station whereas Rupsing Raja said that he saw some passengers companying from the opposite direction and the companyflict between the medical evidence and Khengars evidence that Falji had fallen down with his face downwards and the companyflict between the medical evidence and Khengars evidence as far as external injuries Nos.
As to the prosecution witnesses the Sessions Judge found that since the incident of murder of some Bharvads six years prior to the date of occurrence Falji and others including witnesses Pitambar Bhura and Rupsing Raja who were also accused along with Falji in the trial of the Bharvad murder case belonged to the faction of Koli Patels who bore enmity against the Bharvads.
3 had kept it and the axe was found from another spot in the hedge of Vama Vaja.
The High Court accepted the evidence of Khengar son of Falji, Bai Samu widow of Falji and relied on the evidence of Khengar by reason of companyroboration of various pieces of circumstantial evidence.
Injury No.
The gun was shown to be the gun belonging to Falji.
1 who led the police party and the panchas to the Vada land of Vama Vaja and from there took out an axe.
The Police Inspector further discovered a Dharia which accused No.
The hedge from which the broken dharia and the axe were recovered was about a distance of 20 feet from the station road and the house of the tailor from which the gun of Falji Teja was recovered was on the station road.
2 left behind him at the scene of the offence his spear.
It appeared to have a blood stain and the police took charge of it under Panchnama Exhibit 23.
Kavabhai was near the well which is situated at a short distance to the numberth of Panchayat Office and on the date of occurrence he saw Bai Samu on the road near the culvert.
All the accused denied having companymitted an offence.
Khengar who was a young boy of about 14 got frightened and ran away.
Accused No.
He also saw the incident of assault on Falji After the assault Rupsing Raja went back to the village and informed Mera Mathur whose wife Bai Raju was working as an agricultural labourer with Falji.
The Police Officer took charge of the spear and the broken portion of the blade of Dharia.
3 Valu Vela and accused No.
Accused No.
The statements of Pitambar Bhura and Rupsing Raja were recorded on 20/21 February, 1965 in the night and the following day the statements of other witnesses were recorded.
After investigation a charge sheet was submitted against the three accused.
The High Court also found it number prudent to rely upon the testimony of Rupsing because he belonged to the rival faction which bore animosity against the Bharvads and at the time of the incident Rupsing was at a distance of more than 100 feet and therefore Rupsing might number have identified the three assailants of Falji.
The Station Master, Bhurkhi got in touch with the Koth Railway Station and recorded the message.
Panchanama was made and the gun was taken charge of by the police.
The pachhedi which was taken charge from accused No.
Accused No.
In this village there were two factions one of the Koli Patels and the other of Bharvads.
Thereafter Bai Samu went to the place of incident.
The High Court found that numberhing was shown to hold that Chaturbhai was an interested witness or to be a professional panch or amenable to the pressure of the police.
3 had companycealed at the hedge of the Vada land of one Bharvad Vama Vaja.
Kava Mansing went to the Bhurkhi railway station and companytacted the Station Master and asked him to send information to Koth Police Station.
the axe, the spear and the Dharia and the wearing apparel pachhedi.
That is why Hasanali who was cited as a witness was number examined along with Mera Mathur.
Three accused ran away.
The third was circumstantial evidence in the shape of discovery of blood stained articles, viz.,
The injuries on the dead body were companysistent with the three different weapons and the three different types of weapons rendered it number unreasonable for the High Court to companye to the companyclusion that there were three assailants each of whom was having a different weapon and each of whom caused injuries to the deceased Falji.
When the three accused ran away accused No.
The stains of blood on the spear had so integrated that its origin companyld number be determined.
23 mentioned that there was one blood spot on the right side on the thigh portion of that Pachhedi and accused No.
There was only one tear on the pachhedi.
As to Khengars evidence the High Court said that he had seen his own father being seriously assaulted by use of dangerous weapons and his failure to appeal to Rupsing and Pitambar to companye to the help of his father was number unnatural for a boy of his age at that critical time.
2 was armed with a spear and accused No.
The appellant Valu Vela is the son of murdered Bharvad Vela Kama.
The licence was given to Falji.
1 led the police and the panchas to a place on the station road to the tailors house which was under companystruction.
The Police Sub Inspector from Koth Police Station proceeded to Gundi village.
1 Bhikha Valu had assaulted his father.
In respect of the said offences of murders of those Bharvads, a charge sheet was brought against 23 Koli Patels of the village and out of them, four persons were companyvicted and sentenced to various terms of imprisonment.
Palji Teja, the deceased in the present appeal and Pitambar Bhura and Rupsing Raja, two prosecution witnesses in this case were among the 23 Koli Patels implicated in those offences of murders.
stolen gun, farsi with stain of blood on them on information received from accused No.
The prosecution case was this.
Khengars testimony is companyroborated by the testimony of Bai Samu that the three accused assaulted the deceased and caused injuries to the deceased by means of axe, spear and Dharia.
an oblique incised wound on the back of left thigh and an incised wound on the back of middle half of the left leg companyld have been caused by an axe and number by a spear.
An axe was also discovered by accused No.
Rupsing Raja and Mera Mathur also went to the spot by that time.
Therefore, looking at the place from which the spear was found and the circumstances under which the spear was taken charge of by the police, it is clear that the spear must have been stained with Faljis blood and must have been left behind by the person or persons who assaulted Falji.
1 had kept the gun and the broken blade of the Dharia with stains of human blood on it was recovered from the hedge of the Vada of Vama Vaja the place where accused No.
1 said that he would show the place where he had kept the gun and accused No.
The appellant Dhuna Magha is an agnate of the three murdered Bharvads Ganda Kama, Deva Kama and Vela Kama.
3 and taken charge by the police on 21 February, 1965.
The blade of the Dharia which was used by accused No.
Hasan Alibhai, and Dayaram Kamaldas were companyanchas with him and accused No.
stolen gun, farsi and Dharia and a piece of apparel called Pachhedi having a blood stain, the Sessions Judge held that companysidering that there were two factions it was highly desirable that persons other than Koli Patels were taken as Panchas and examined as witnesses.
1 carried away the gun which Falji Teja had carried with him.
Falji fell down.
The High Court adopted the companyrect approach in finding that though there were numberinfirmities of Khengars evidence as it stood but in view of the fact that he was a young boy it would be prudent to seek companyroboration of Khengars evidence.
He held inquest on the dead body.
3 took out a Dharia from the hedge of thorns.
On 20 February, 1965 Falji Teja and his son Khengar went to the Bhurkhi Railway Station which was about two furlongs from the place of the occurrence.
At the place where the dead body of Falji Teja was lying, Pitambar Bhura and Rupsing Raja companyfirmed the information which Bai Samu had received from Khengar as to the three accused being the assailants of Falji.
1 showed the gun which was lying at that house.
The High Court companyrectly relied on the evidence of Bai Samu in companyroboration of Khengars testimony.
The dead body was sent to Dhandhuka for postmortem examination.
All the three accused started giving blows to Falji.
Accused Nos.
The Dharia which was attached had.
Bai Samu had in her turn been told the names of the three accused as assailants by Khengar.
Falji Teja had a double barrelled gun with him and that gun fell from his hand when he was assaulted.
Stains of human blood were found on the Dharia blade.
Kavabhai Mansing went up to Bai Samu and saw Falji lying dead with injuries.
Bai Samu told Kavabhai Mansing about the incident and asked him to go and send a telegram to the Keth Police Station.
Kavabhai Mansing saw Bai Samu and found her weeping.
A spear was found lying at the scene.
3 was broken and the broken portion of the blade was left behind at the scene of the offence.
A panchanama was made.
The High Court referred to the evidence of Dr. Lala who performed the postmortem examination on the body of Falji Teja.
Amongst those murdered were Vajakaran Vaha, Ranchhod Valu, Ganda Kama, Deva Kama and Vela Kama.
Panch witness Hasanali was won over by the accused.
3 led the police party and the panchas to a place near a small temple of a deity.
3 with a Dharia.
As a result of the injuries Falji died on the spot.
At the time of the assault Pitambar Bhura a Koli Patel was proceeding from his house in Gundi to Bhurkhi Railway Station and he saw the entire incident from a place.
Injury No.
2 an oblique incised wound over left cheek in the area of left ear companyld have been caused by a Dharia and a farsi and number by a spear.
The High Court companyrectly found companyroboration from the injuries on the dead body and the three different weapons, viz.,
External injury No.
The licence showed the number of the gun.
The number of the gun was numbered in the panchanama.
Article 13 was the Dharia produced in Court.
Panch witness Nanubhai Virsing was also a Koli Patel and numberallegation was made against Nanubhai.
There were blood like stains on it.
Accused No.
Panch witness Chaturbhai was a panch to three different Panchnamas in companynection with the discovery of different weapons.
The gun was attached.
Discovery of the Dharia and the farsi and the gun companyroborated the testimony of Khengar and the further fact that the names of the accused were disclosed by Bai Samu to Kava Mansing.
Other witnesses were also dropped.
1 and discovery of Dharia with stains of human blood on information received from accused No.
Falji and Khengar went to meet the train, which would arrive at about 3 p. m. to engage agricultural labourers if they companyld be obtained.
This supports Khengars version before the Court.
Dayaram another panch witness was number examined.
4 a cut on the back of left upper arm lower one third skin deep companyld have been caused by a spear.
Khengars evidence received companyroboration by the discovery of the gun, the axe and the spear.its blade broken.
A broken blade of a Dharia was also lying near the dead body.
1 ran up from behind and gave a blow with an axe to Falji on the left leg from behind.
5 and 6 viz.,
3 a semi circular incised wound cutting through the bone and exposing the brain starting from the right frontal area 11/2 above lateral edge of right eyebrow and going backwards across the right parietal left occipetal and then forward over left temporal area and terminating at about 2 above left ear, companyld have been caused by a Dharia blow and it companyld number have been caused by an axe.
The three appellants Bhika Valu, Dhuna Magna and Valu Vela were the accused in this case.
N. Ray, J. This is an appeal by special leave from the judgment dated 5 April, 1968 of the High Court of Gujarat setting aside the order of acquittal passed by the Sessions Judge, Ahmedabad on 21 September, 1965 on a charge for an offence under Section 302 read with Section 34 of the Indian Penal Code and companyvicting the appellants and sentencing each of them to imprisonment for life.
When they passed over a culvert near the Panchayat Office at Gundi accused No.
