JUDGMENT

S.P. Kurdukar, J.-People belonging to Vankar community 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 comprising Rajputs, Harijans and other persons residing in the same village. The incident in question took place on 25.1.1986.

2. 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 construction of houses. The Harijans, however carried the belief that part of the said plot was given to and reserved for them by the Government for constructing their houses. It was this misunderstanding between the two communities viz., the Harijana and Vankars which led to the incident in question. According to the prosecution, on 25.1.1986 at about 8 a.m. the accused Nos. 1, 2, 3, 5, 39 and Lakhabhai (deceased) had gone to this land with some construction materials for the purposes of erecting poles and construction of huts thereon. These accused persons initially requested the Vankars to desist from making unauthorised construction but realising that Vankars were not 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. The above accused persons thereafter left the place.

3. Pochabhai, the complainant then decided to go to Khambat Police Station to lodge a complaint and, therefore, they came to the bus stand along with injured Itchabhai. They hired a truck to go to Khambat Police Station. In the meantime many persons belonging to Harijan and Rajput communities came to the bus stand, armed with deadly weapons and started raising shouts "beat Vankars". It is alleged by the prosecution that accused Nos. 19, 20, 21, were armed with guns. Accused No. 22 was carrying dharia and other accused persons were armed with sticks, dantas, kodali etc. These accused persons thereafter pulled down the Vankars who were sitting in the cabin of the lorry and started abusing them. They encircled the truck. 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. The riotous mob then started chasing them. This incident took place at about 9.30 a.m.

4. 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 the direction of Vankarvas where these Vankars were running to their respective houses. The riotous mob consisting of 100/150 persons started chasing Vankars, of them some entered into the houses of Vankars. Accused Nos. 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. 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. In addition to these four deaths 13 persons belonging to Vankar community also sustained injuries during the said assault.

5. The other members of the unlawful assembly who had forcibly entered into the houses of Vankars had damaged their houses by throwing stones and committed theft of their belongings and thereafter set the houses on fire in which the inmates of these houses sustained injuries.

6. The prosecution then alleged that the three incidents at three different places, namely, at Khalwat, at bus stand and at Vankarvas formed one transaction.

7. 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 wh