Jodha Khoda Rabari And Etc. Etc. vs State Of Gujarat And Etc. on 6 March, 1992 – Case Summary

In the case of Jodha Khoda Rabari and others vs. State of Gujarat, heard by the Gujarat High Court on 6th March 1992, a horrifying incident of mass violence was examined. The case revolved around a brutal act of vengeance that took place on 20th September 1984 in the small village of Mangadh, Bhavnagar District, where ten people were murdered and several others injured within a span of two hours. The accused were alleged to have committed these acts as a means of settling scores with the Patels, who had been acquitted in a previous case from 1982 where three Darbars (Rajputs) had lost their lives.

Facts of the Case

The prosecution alleged that the accused, motivated by revenge, conspired on 20th September 1984 to attack the Patels. The victims were returning from a condolence visit when they were ambushed by the accused, who used firearms and other weapons to carry out the attack. Ten people were killed and four others injured in the attack. The accused were charged under various sections of the Indian Penal Code (IPC), including murder, attempt to murder, and conspiracy, as well as under the Arms Act.

Issues

The main issue in the case was whether the accused were guilty of the charges leveled against them. The prosecution had to establish that the accused had conspired to commit the crimes and had carried out the brutal attack on the victims. The defense, on the other hand, would have sought to challenge the evidence presented by the prosecution and to raise doubts about the guilt of the accused.

Court’s Observations

The court noted the deep-rooted enmity between the Darbars of Chomal village and the Patels of Mangadh village, which had resulted in several criminal cases between them. The court also observed that the incident in question was a sequel to this long-standing feud. The court took into account the testimonies of the injured victims, the medical evidence, the recovery of weapons, and the circumstances surrounding the incident.

The court found that the prosecution had successfully established the guilt of the accused. The accused were convicted for various offences, including murder, and were sentenced to various terms of imprisonment. The judgment and sentences were later challenged in appeals.

This case serves as a stark reminder of the devastating consequences of long-standing feuds and the lengths to which people can go to seek revenge. It underscores the importance of the rule of law in holding individuals accountable for their actions, regardless of their motivations.