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1992 Supreme(Guj) 60

K.G.SHAH, K.R.VYAS
Jodha Khoda Rabari – Appellant
Versus
STATE OF GUJARAT – Respondent


Advocates Appeared: ASHOK D.SHAH, B.K.PARIKH, INDRASINH A.ZALA, K.B.ANANDJIVALA, K.J.SETHNA, S.R.DIVETIA

SHAH, J.

( 1 ) ON 20th September 1984 the people of Mangadh, a small village of Bhavnagar District experienced a horrifying nightmare when there was a carnage resulting in ten brutal murders in a span of less than two hours, committed by a Group of assailants by their wanton firing and use of other weapons at unarmed innocent victims. According to the prosecution, the accused did this with a view to settling the scores with the Patels, who were acquitted in a case, arising from the incident of 1982 where three Darbars (Rajputs) had lost their lives. Of course, in between, there were many criminal cases between them. Thus, in the present proceedings, we are required to deal with a case where revenge or vendetta is alleged to be the sole motive. The present appeals arise out of the judgment and order of conviction and sentences rendered in Sessions Case No. 5 of 1985, with which was consolidated, Sessions Case No. 124 of 1985, by the learned Sessions Judge, Bhavnagar, who at the end of the trial convicted the accused for various offences and inflicted various sentences.

( 2 ) IT may be stated that there were twelve accused who were charged for the offences under Ss, 120 B, 143, 147,












































































































































































































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