On the day of occurrence, Bhuraii Ravii and Ranaji Viraji, of the Samas companymunity, were said to be sitting at the trance of the Samas locality when Govan Mandam, an Ahir, objected to it on the ground that Ahir womenfolk had to pass that way for fetching water Bhuraji and Ranaji were alleged to have expostulated and said that they were doing numberwrong in sitting outside in their own locality and that the Ahir ladies are like their own sisters and daughters to them.
The serious injuries of the appellant, who was also found lying on the road, companyld number be explained by the prosecution version.
The wound started from the middle of the back of neck.
The depth of the wound 3 shown by me is the maximum depth which I found and it was at the back of the neck.
There was numberinjury on the teeth but the jaw bone was exposed.
It was also alleged that Ahirs threw stones at members of the Samas companymunity, as a result of which Bhuraji and Ranaji were injured.
One Nandaji, who is said to have tried to save Lalmamad, is also alleged to have been injured.
At that time, a number of Ahirs are said to have companylected and fallen upon Lalmamad,who was thus said to have been done to death.
Appeal by Special Leave from the judgment and order dated the 25th March 1970 of the Gujarat High Court at Ahmedabad in Criminal Appeal No.
The High Court, while discarding the case of an unlawful assembly, as set up by the evidence of the prosecution witnesses, had held the appellant guilty of murdering Lalmamad only because the appellant was undoubtedly found lying injured on the spot and had pleaded that he was attacked because he had objected to the beating of a boy named Duda Pachan by a group of members of the Samas companymunity approaching with Dhariya, spears, sticks, and axes.
Night had fallen then.
It also came to the companyclusion that the story that the Lalmamad was dragged 50 feet by the Ahirs before he was assaulted and killed was untrue.
The Judgment of the Court was delivered by BEG.
J. The appellant, Ahir Bhagu Jetha, is one of the 18 persons charged with the Offence of rioting, armed with deadly weapons, on, 28th of June, 1968 at about 7 30 p. m. at the village Kumbharia in the State of Gujarat.
This injury was possible by one blow.
The place where Lalmamad had fallen as well as the nature of the injury on his neck indicates that it was most probable that Lalmamad was caught alone in the dark near the Ahirs locality by somebody who cut his neck with a weapon like a Dhariya.
No one spoke of the Dhariya, alleged to have been used by the appellant, having been taken away from the scene by anybody.
It was described as follows by Dr. D. A. Joshi, who also performed the postmortem examination There was only one injury on the neck mentioned in the companyumn No.
I was number sent any weapon.
On an appeal to the High Court of Gujarat, the whole story of riot, as set up, was disbelieved.
CRIMINAL APPELLATE JURISDICTION Criminal Appeal No.
The injury on the body of Lalmamad belies the whole prosecution case that a body of persons had fallen upon Lalmamad and done him to death and that a Dhariya blow was inflicted by the appellant in the companyrse of that attack.
The postmortem report shows that there were numbermarks of dragging on the body of Lalmamad.
The Sessions Judge of Kutch, who tried the case, acquitted 9 accused persons and companyvicted the rest of various offences said to have been companymitted in the companyrse of the riot.
Shrimati Jambai, P. W. 8.,
517 of 1969.
The wound was 9 long 4 broad and 3 in depth.
It was also found that a stick and number a Dhariya was found lying beside the appellant.
151 of 1970.
It companyld number be asserted, on the evidence on record, that the person who cut the neck of Lalmamad, was necessarily the appellant.
The mustoid bone was number fractured.
N. Anand, M. N. Shroff and S. P. Nayar, for the respondent.
This riot, which was alleGed to have a companymunal background, was said to have resulted in simple injuries to several persons, grievous injuries to others, and the death of Lalmamad Murvaji.
This version was belied by the only injury with a sharpedged weapon found on the body of Lalmamad deceased .
The place where the impact of the weapon would take place will be deeper.
The wound is also possible by an axe having a blade 9 or less, and it depends on injury of the weapon from the back side of the neck upto the chest.
There was only one injury found on the body of Lalmamad.
CI/74 P.C. read with s. 149, I. P. C. and sentenced to imprisonment for life.
Out of those, six accused persons, including the appellant, were companyvicted under Section 302, 5 602 Sup.
P. Maheshwari, for the appellant.
Therefore, the whole story of an attack by the appellant on Lalmamad, deceased, with a Dhariya, either in the companyrse of the riot or after it, became most improbable.
Seven companyvicted persons were acquitted.
Thereupon, Govan Mandan acquitted is alleged to have dragged Lalmamad towards a dunghill.
In this F.I.R. only four accused persons, including the appellant, are mentioned, and Lalmamad, Ranaji and Nandaji, are shown to have been injured.
No injuries on the person of the appellant were mentioned.
The breadth of the injuries does number depend upon the breadth of the Dhariya The width is companyrelative with the depth of the wound.
the wife of Nandaji, who is alleged lo have companye to the scene of occurrence and companyered her husband, was also injured An F.I.R. was lodged at numbern on 29 6 68 by a companysin of Lalmamad who alleged having seen the attack on Lalmamad and to have been near Lalmamad deceased when he was actually struck by the appellant by a Dharia.
The High Court, in the companyrse of a fairly elaborate judgment, came to the companyclusion that the origin of the incident set up, intended to suggest that the Ahirs picked up a quarrel deliberately by saying that their women folk were to take water from the Samas locality, was most improbable in view of the previous tension and division of the village into Ahir and Samas companypartmentalised localities.
It is said that the deceased Lalmamad then appeared at the scene and took the side of Bhuraji and Ranaji.
