MEGHABHAI MOTIBHAI Vs. STATE OF GUJARAT
LAWS(GJH)-1984-10-18
HIGH COURT OF GUJARAT
Decided on October 11,1984

MEGHABHAI MOTIBHAI Appellant
VERSUS
STATE Respondents

JUDGEMENT

J.P.DESAI - (1.)These six appeals four filed by the convicted accused and two filed by the State of Gujarat arise out of the judgment of the learned Sessions Judge Banaskantha at Palanpur in Sessions Case No. 65 of 1982. They are heard together and are being disposed of by this common judgment.
(2.)The facts leading to the trial of Dahyabhai Madhabhai and eight others before the learned Sessions Judge Banaskantha at Palanpur in Sessions Case No. 65 of 1982 for several offences punishable under sections 147 148 302 read with section 149/34 307 read with section 149/34 and 323 read with section 149/34 I.P.C. may be briefly stated as under.
(3.)There is one field bearing S. No. 94 situated in the sim of village Ranpur Vachla Vas Taluka Deesa District Banaskantha. It was of the ownership of Ramsi father of Ghemra. Ghemra was a minor when his father expired. His uncle used to look after this field on behalf of the minor Ghemra Ramsi. Thereafter Ghemra Ramsi joined service in railways and the uncle used to look after the field while the name of Ghemra Ramsi was entered into Pahani Patraks and it continued to be there in the Pahani Patraks upto 1978-79. In the month of June 1982 Ghemra Ramsi sold the said field to one Mahadev whose son Amthabhai was serving as a Talati at Deesa at the relevant time. The sale-deed was executed by Ghemra Ramsi on 10-6-1982. Mahadev and his relative Nagjibhai went to this field with the tractor of one Gulabji in the evening of 11-6-1982. The field was ploughed with the tractor and most of the portion was ploughed and at about 11-45 P.M. the nine accused who were tried before the Court went there with deadly weapons like Dharia axe spear and sticks. They gave blows with sticks on the tractor of Gulabji whereby the front light of the tractor was broken. Mahadev and Nagji on seeing this came there running and the accused surrounded them and blows were given to Mahadev by all these accused with the weapons which were in their hands and Mahadev succumbed to the injuries on the spot. Nagji who intervened was also injured by some of these accused while Gulabji who had gone with his tractor was also injured by some of these accused. The accused after causing the death of Mahadev and causing injuries to Nagji and Gulabji went away from the field. Gulabji then went to the place of Amthabhai at about 3 A.M. and told him about this incident. Amthabhai then went to the scene of the offence and saw his father lying there dead and Nagji lying there in injured condition. Nagji was taken to the hospital in a jeep-car sand then a complaint was given by Amthabhai to police in the morning. The police after necessary investigation submitted charge-sheet against these nine accused to the Court of the Judicial Magistrate First Class at Deesa. The accused were committed to the Court of Sessions Banaskantha at Palanpur for trial according to law. Charge was framed against these accused for the above offences. The accused pleaded not guilty to the same and claimed to be tried. They came out with a total denial so far as the incident is concerned.


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