Gujarat High Court
Judgename :J.R.Vora
JAIRAJSINGH TEMUBHA JADEJA - Appellant
Versus
STATE - Respondent
CRIMINAL REVISION APPLICATION 463 of 2001
Decided On : 10/18/2001
Criminal Law – Criminal trail – Indian Penal Code, 1860 – Sections 307 – Arms Act – Section 25 (1) (1-B) – Bombay Police Act – Section 135 – Offence of Attempt to Murder – Incident in question occurred on September, in which one Govindbhai Desai, an advocate of Gondal was badly injured who was former President of Gondal Municipality – It is case that Govindbhai Desai was assaulted by two unknown persons at about 20. 00 hours in Gondal City, while he was proceeding on his luna towards his house situated at Jain Derasar Street in Gondal city – While he was proceeding further, he was assaulted by knife and country made pistol – Both the unknown persons had assaulted Mr. Desai with knife and caused serious injuries on various parts of body of Govindbhai Desai – Said country made pistol was fell on ground and assailants ran away from scene of offence – Thereafter, one Chandrakant Amrutlal Mehta, complainant in case, who was present near the scene of offence, went to scene of offence, shifted victim to a private hospital and complaint was lodged by Chandrakant Mehta before Police Inspector, Gondal City and offence was registered against unknown persons at about 00. 05 a. m. o the next day, 4th September, 2001 under Sections 307 of the Indian Penal Code and under Section 25 (1) (1-B) of the Arms Act and under Section 135 of Bombay Police Act – Injured victim was treated in private hospital who had sustained 8 injuries – No doubt, the injuries were serious – Police Inspector of Gondal City Police Station took over investigation of offence and from Police Inspector of Gondal City Police station, the investigation thereafter transferred to CID Crime, Rajkot. On 5th of September, 2001, the statement of victim was recorded which was at that time in the shape of dying declaration – Thereafter further statement of injured was recorded, in which it was revealed that this assault might have been caused by petitioner No. 1 herein due to political rivalry and there was one issue of valuable land between them – Held, accused in crime when there was none, according to the records available. One can have a connection with the other – That would not denote the involvement in the crime. Persons may gather at their own place and free to talk they like – Unless from their talk, it is clearly established that that was preparation for eliminating the victim, it cannot be said that this is enough evidence to keep the petitioners at least in a police custody for the further investigation and interrogation – Remand cannot be granted to obtain the link between so called accused and the crime when there is no material at all – True it is is that two accused who were found at scene of offence may be the real offenders, for this grave and serious crime – Their link with present petitioners denoting criminality to commit this crime is not on the record. Merely, having known to each other or to grant a loan to accused Iqbal by the present petitioner No. 1, would not connect the accused with the serious crime – Decision cited by learned Advocate Mr. K. J. Shetha of Supreme Court in matter of MURALEEDHARAN vs. STATE OF KERALA, reported in (2001) 4 SCC 638 is also in respect of granting bail by Court of Sessions on ground that there was only an evidence of co-accused – In this respect, Supreme Court observed that custodial interrogation was necessary and these decisions will not be helpful to State for their contention – Learned Addl. Chief Judicial Magistrate has dealt with each ground mentioned in application of remand – Learned Addl. Chief Judicial Magistrate has rightly come to conclusion that for that 11 grounds, petitioners cannot be handed over to police custody – While learned Addl. Sessions Judge considered prima facie case against present petitioners relying on some statements of witnesses and fell into error to set aside order of learned Addl. Chief Judicial Magistrate – Application allowed. (Paras 16, 17, 18 and 19)
( 1 ) THIS Revision Application is filed by the petitioners being aggrieved and dissatisfied with the order of learned Addl. Sessions Judge, Gondal, passed on 6th of October, 2001 below Criminal Revision Application No. 57 of 2001, by which the learned Additional Sessions Judge, set aside the order passed by the learned Addl. Chief Judicial Magistrate, First Class, Gondal, passed on 30th September, 2001, rejecting the application of the Investigating Agency for remand of the present petitioner and it was directed by the learned Addl. Sessions Judge that the present petitioners be remanded to police custody from 9th October 2001 to 12th October, 2001. The said order is extended from time to time in this Revision Application.
( 2 ) THE facts go to show that the incident in question occurred on 3rd September, 2001, in which one Govindbhai Desai, an advocate of Gondal was badly injured who was former President of Gondal Municipality. It is the case that Govindbhai Desai was assaulted by two unknown persons at about 20. 00 hours in the Gondal City, while he was proceeding on his luna towards his house situated at Jain Derasar Street in Gondal city. While he was proceeding further, he was assaulted by knife and country made pistol. Both the unknown persons had assaulted Mr. Desai with knife and caused serious injuries on various parts of the body of Govindbhai Desai. The said country made pistol was fell on the ground and the assailants ran away from the scene of offence. Thereafter, one Chandrakant Amrutlal Mehta, the complainant in the case, who was present near the scene of offence, went to the scene of offence, shifted the victim to a private hospital and the complaint was lodged by Chandrakant Mehta before the Police Inspector, Gondal City and offence was registered against the unknown persons at about 00. 05 a. m. on the next day, 4th September, 2001 under Sections 307 of the Indian Penal Code and under Section 25 (1) (1-B) of the Arms Act and under Section 135 of the Bombay Police Act. The injured victim was treated in private hospital who had sustained 8 injuries. No doubt, the injuries were serious. The Police Inspector of Gondal City Police Station took over the investigation of the offence and from Police Inspector of Gondal City Police station, the investigation thereafter transferred to CID Crime, Rajkot. On 5th of September, 2001, the statement of the victim was recorded which was at that time in the shape of dying declaration. Thereafter, on 6th September also, the further statement of injured was recorded, in which it was revealed that this assault might have been caused by petitioner No. 1 herein due to political rivalry and there was one issue of valuable land between them. During investigation, it appears that the Investigating Agency came to the conclusion that the present petitioners were the conspirators in the said crime and hence Section 120-B of the Indian Penal Code was added in the charge. On 29th September, 2001 at about 5. 30 a. m. the present petitioners were arrested by the Investigating Officer and were produced before the learned Addl. Chief Judicial Magistrate, First Class, Gondal, on the same day at about 2030 hours. The Investigating Officer asked remand of the accused on the following 11 grounds : (1) Two assailants who were involved in assaulting Mr. Desai are yet to be arrested and they have absconded after the incident. (2) The country made pistol has been seized and attached from the scene of offence. The muddamal chharol (chopper) is yet to be recovered from the absconding accused. (3) The details about the supply of country made pistol and the supply of Chopper to the assailants are yet to be collected. (4) The accused are political influential person and they are not likely to cooperate in the investigation and they are likely to create hurdles in the course of investigation. (5) The details about the vehicle which was used by the assailants in committing the offence are yet
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