J.CHELAMESWAR, SANJAY KISHAN KAUL
Vinubhai Ranchhodbhai Patel – Appellant
Versus
Rajivbhai Dudabhai Patel – Respondent
JUDGMENT
Chelameswar, J.
1. On 11.07.1992, at about 10.10 pm, an incident occurred in the village of Nana Ankadia leaving 3 persons dead and 5 persons injured. It appears from the judgment of the High Court:
“…information about the incident was conveyed by wireless message by PSO of Amreli (Rural) Police Station to PSI, Mr. NG Rajput. On the basis of the said information, PSI, Rajput had gone to village Nana Ankadia and found three dead bodies lying near the shop of Bhikabhai and after getting some further information, he had gone to Amreli Hospital and recorded complaint from Vinu Ranchhod, which was registered at about 1.30 a.m. on 12.07.1992. On the basis of the said complaint, PSI, Rajput started investigation by recording statements, drawing panchnamas and sending the dead bodies for post mortem etc.”
2. On completion of investigation, a charge-sheet came to be filed against 15 accused because the remaining two accused A-16 and A-17 were absconding for some time. The matter was committed to the Sessions Court of Amreli as offences were exclusively triable by the Court of Sessions. In Sessions Case No. 118/1992, trial was conducted against 15 accused. The trial insofar as the t
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