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SUPREME COURT OF INDIA
G.T. Nanavati and S.P. Kurdukar, JJ.
Razakali Khureshi Sandhi - Appellant
Versus
State of Gujarat - Respondent
Criminal Appeal No. 743 of 1996
Decided On : 05-05-1997
Indian Penal Code - Sections 302, 307, 225, 333 - Terrorists and Disruptive Activities Act, 1987 - Section 19 - Espy sustained the injuries – Offence of murder – First Information Report - When A-8 was being tied with a rope, according to the prosecution, suddenly a truck bearing Registration No. GTE-7461 came from Khambhalia side and dashed against the jeep of the Custom Officers. As a result of this dash, the Custom Officers who were standing near the jeep fell down. Mr. Jacob (PW 2) and Mahendrasinh Rayjada, a sepoy sustained the injuries. The said truck immediately took a turn and again dashed against the jeep and in this process, A-8 could succeed in escaping himself from the clutches of the Custom Officers. A-8 then boarded another truck which was parked nearby and fled away. According to the prosecution, appellant who was the driver of the truck intentionally dashed his truck against the jeep whereby two persons, namely, Mahindersingh Rayjada, a sepoy died on the spot and Somaji Thakor, another sepoy died in the hospital. The appellant then fled away – Held, At that time, the truck took a turn and came in speed and dashed against Somaji. On both these occasions, he saw the appellant being the driver of the truck from a distance of 80-100 feet. The defence although cross-examined the witness at great length but there is hardly any material brought out during cross-examination which could discredit his testimony. We have carefully gone through the evidence of this witness and we see no hesitation to accept his evidence being credible one. The identity of the appellant being the driver of the truck is fully established. The material on record also proves that the appellant was the associate of Harun Jusab Bhaya (A-8). The manner in which the incident took place leaves no manner of doubt that the appellant purposely and intentionally dashed against these Custom Officers wherein Mahindersingh was crushed to death. The appellant on the second time also brought the truck in speed after taking a turn and dashed against Somaji who sustained injuries and later on died in the hospital. In view of these circumstances, we have no manner of doubt that the appellant had intentionally caused the deaths of Mahindersinh Rayjada and Somaji Thakor - FIR was lodged by P. N. Desai (PW 1) within a few hours wherein the name of the appellant being the driver of the truck No. GTE-7461 was mentioned. The FIR also made a mention of all details about the incident and it fully corroborates the evidence of P. N. Desai (PW 1). The evidence of P. N. Desai (PW 1) finds corroboration from that of Bharat Trivedi (PW 3) who had also sustained minor injuries during the incident in question. He asserted that he was standing at a distance of 60 to 70 feet when the truck dashed against Mahindersinh Rayjada. He had seen the appellant driving the truck in a great speed. We have gone through his evidence carefully and we find that his evidence suffers from no infirmity as regards the identity of the appellant. The learned Advocate for the appellant despite his efforts could not persuade us to disbelieve the evidence of these two witnesses. The trial Court, in our opinion, has rightly believed the evidence of these two witnesses. The evidence of both these witnesses has clearly established that the appellant has intentionally caused the deaths of Mahindersinh and Somaji Thakor. The conviction of the appellant passed under Section 302 of the Indian Penal Code, therefore, does not suffer from any infirmity. The learned Advocate for the appellant was unable to point out any error in the impugned judgment as regards the convictions of the appellant passed on other counts. Thus, this appeal is devoid of any merit - Appeal dismissed
JUDGMENT :
S.P. Kurdukar, J. :
1. This appeal under Section 19 of the Terrorists and Disruptive Activities (Prevention) Act, 1987 (for short 'the TADA') is filed by the appellant challenging the legality and correctness of the judgment and order of conviction and sentence passed by the Designated Judge, Jam Nagar on June 19, 1996 for various offences punishable under Sections 302, 307, 225, 333 of the Indian Penal Code.
2. Briefly stated the prosecution case is as under :-
3. The Custom Inspector Mr. P.N. Desai (PW 1) then took a lift on the motor cycle of Jadeja and reached the factory of Meera Tiles and gave telephone calls to the Customs Office and also informed the police station at Khambhalia about the incident. He then came back to the place of incident. In the meantime, police officers reached the place of incident and thereafter the injured were removed to the hospital. At about 8.30 p.m., an FIR was lodged by Mr. P. N. Desai (PW 1) in the police station. After completing the investigation, a charge- sheet for offences punishable under Sections 147, 302/149, 307/149, 332, 333/149 of the Indian Penal Code as also under Section 3(a) of the Demolition of Public Property Act and under Sections 3 and 4 of TADA came to be submitted in the Court of Judicial Magistrate Ist Class, Khambhalia against the appellant and seven other accused persons. The case was then committed for trial to the Designated Court for the aforesaid offences.
4. The appellant and other seven accused persons denied the charges and claimed to be tried. According to them, they have been falsely implicated in the present crime.
5. The prosecution in support of its case adduced the evidence of four eye-witnesses, namely, Mr. P. N. Desai (PW 1), Jacob (PW 2), Bharat Trivedi (PW 3) and Chuni Lal Barad (PW 46). In addition to the above evidence, the prosecution also placed reliance upon the medical evidence to prove the cause of deaths of Mahindersingh Rayjada and Somaji Thakor. The evidence relating to the Test Identification P
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