A day later, Shana Madhas mother Bai Makor, was beaten up and an offence under Section 326 I PC was registered.
Their appeal by special leave has been admitted by this Court.
For the investigatation of that offence P.S.I. Chaudhan, attached to the Anand Rural Police Station, went to Ram Nagar on the morning of 29 5.1969 along with police companystable Shanabhai Mathurbhai.
P.S.I. Chaudhari asked them to keep quite and number to interfere with his duties.
The Medical Officer in charge of that hospital was on leave.
After making some enquiries in the village, P.S.I. Chaudhari accompanied by companystable Shanabhai Mathurbhai, went to the field of Shana Madha arrived at about 11.00 A.M. and on his arrival P.S.I Chaudhari started recording his statement.
They brought him to the road side near the canal and placed him in a passing taxi.
So Shana Mohan was removed to Nadiad hospital where, after some treatment.
The party then went to Anand.
Grievious hurt was caused to Shana Madha on his legs and hands and there after the appellants and his companypanions ran away towards another village named Sarda.
1 then asked appellant No.
One Shana Madha of Ramnagar was engaged in a dispute with regard to a land with one Bai Saraj.
Some days before the present incident which took place on 29 5 1969 a hut belonging to Shana Madha situated in that land was burnt and in that companynection an offence under Section 436 IPG was registered.
After investigation, a chargesheet was sent against eight accused two of whom were shown as absconding.
The P.S.I got down at the Anand Rural Police Station and Shana Madha was taken to the Anand Hospital.
P.S.I. Chaudhari lodged his own companyplaint at the police station and in this companyplaint he specifically named the present appellants and stated that he would be able to recognize the other companypanions of the appellants also.
1 Darasing caught hold of the P S.I. from behind threw him on the ground and sat upon him.
In this attempt they enlisted the services of some Shikh Rakhwalas including appellants Darasing and Tarasing.
As regards the other three before the companyrt he had a doubt as to whether they had been properly identified.
The principal companytention of Mr Dholakia on behalf of the appellants is that the High Court was number justified in summarily rejecting the appeal as it raised arguable and substantial points relating to the identity of the appellants.
The benefit of doubt was, therefore, given to them and the present appellants were companyvicted and sentenced.
Shana Madha was removed to the S.S.G hospital Baroda for further treatment.
During the companyrse of this dispute, Bai Suraj and her Manager Ramanlal Sheth tried to dispossess Shana Madha by force.
It is, therefore, necessary to mention the relevant facts.
The Police Patil went to the scene with others and arranged the remove Shana Madha to the hospital.
Appellants 1 and 2 were arrested by the police and they appear to have been enlarged on bail by the Sessions Court on 27.5 1969.
The learned Sessions Judge on a companysideration of the evidence held that more than five persons had formed an unlawful assembly with the companymon object of assaulting the P.S.I, and causing grievous hurt to Shana Madha and that the members of the assembly had been armed with deadly weapons like spears and Farsis He also held that the appellants were members of this unlawful assembly.
He companytacted the police Patil and from there sent a telephone message to the Police Station for reinforcements.
Bai Suraj was claiming the land as the mortgagee in possession while Shana Madha was claiming that though the land had been mortgaged with possession, he was in possession under an agreement.
2 forcibly removed the revolver with the leather case from the strap and thereafter, at the instance of appellant No.
There was numberserious dispute that an incident, as alleged by the P.S.I. in his companyplaint, had taken place in the field.
While the statement was being recorded the appellants and five others who were all Shikh Rakhawalas came to the spot armed with spears and Farsis and threatened Shana Madha number to involve them falsely.
1, all his Companions started beating Shana Madha with the stick portion of the Spears and Farsis which they were carrying.
The defence was that it was number the accused before the companyrt who had taken part in the incident.
Just at that time, P.S.I. Chaudhari also came there and got into the taxi.
The appellants and their companypanions there upon became excited and appellant No.
P.S.I Chaudhari then asked companystable Shanabhai Mathurbhai to sit in the field by the side of the injured Shana Madha and went to Ram Nagar village.
Appellant No.
2 to remove the revolver which was attached to the strap worn by the P.S.I. Appellant No.
Their appeal was summarily dismissed by the High Court of Gujarat.
G. Palekar, J. The appellants were companyvicted by the learned Sessions Judge, Nadiad of the offences under Section 148 and Sections 332, 342 and 326 r w Section 149 IPG and sentenced to various terms of imprisonment which were made to run companycurrently.
