Criminal Appeal No. 1599 of 2010, Arising out of SLP(Crl.) No. 2077 of 2010, Criminal Appeal Nos. 1600-1605 of 2010, Arising out of SLP(Crl.) Nos. 3235-3240 of 2010. Case: 1. Babubhai, 2. State of Gujarat and Ors. Vs 1. Gujarat and Ors., 2. Ganeshbhai Jakshibhai Bharwad and Ors.. Supreme Court (India)
| Case Number | Criminal Appeal No. 1599 of 2010, Arising out of SLP(Crl.) No. 2077 of 2010, Criminal Appeal Nos. 1600-1605 of 2010, Arising out of SLP(Crl.) Nos. 3235-3240 of 2010 |
| Judges | P. Sathasivam and B.S. Chauhan, JJ. |
| Issue | Indian Penal Code, 1860 - Sections 147, 148, 149, 302, 307, 332, 333, 436 and 427; Bombay Police Act, 1951 - Section 135; Prevention of Damages of Public Property Act, 1984 - Sections 3, 7; Section Code of Criminal Procedure, 1973 - Sections 158, 162, 173, 173(2), 173(8); Constitution of India - Articles 19, 21 |
| Judgement Date | August 26, 2010 |
| Court | Supreme Court (India) |
Judgment:
B.S. Chauhan, J.
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Leave granted.
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These appeals and other connected appeals have been preferred against the judgment and order dated 22.12.2009 of the High Court of Gujarat at Ahmedabad, passed in Special Criminal Application Nos. 1675/2008, 1679/2008 with Crl. Misc. Application Nos. 8249/2009, 8361/2009, 8363/2009 and 7687/2009.
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Facts and circumstances giving rise to the present cases are that on 7.7.2008, some altercation took place between members of the Bharwad and the Koli Patel communities over the plying of rickshaws in the area surrounding Dhedhal village of Distt. Ahmedabad, Gujarat. The Bharwad community had been preventing the Koli Patels from running their rickshaws in the said area.
On the next day, i.e. on 8.7.2008, case No. C.R.No. I-154/2008, was registered at 17:30 hours in the Bavla Police Station under Sections 147, 148, 149, 302, 307, 332, 333, 436 and 427 of the Indian Penal Code, 1860 (hereinafter called as "IPC") read with Section 135 of the Bombay Police Act, 1951 (for short "BP Act") and Sections 3, 7 of Prevention of Damages of Public Property Act, 1984 (for short "1984 Act") for an incident which occurred at Village Dhedhal, wherein Mr. M.N. Pandya, Sub-Inspector of Police, Bavla Police Station has stated that while he was patrolling in Bavla Town, he received a message from H.C. Kanaiyalal, Police Station Officer, at 10.00 a.m. that some altercation/incident had taken place between the two communities at Dhedhal Cross Roads. On receiving the said information, he along with other police personnel, rushed to the place of incident, however, by that time the crowd had already dispersed. Thereafter, he received information that a clash was going on between the said two communities in Dhedhal village. Immediately, he contacted the Control Room, as well as the Deputy Superintendent of Police of Dholka, for further police support and rushed to the spot where he found about 2000-3000 persons from both the communities, all with sticks, dhariyas, swords etc., attacking each other. The police resorted to teargas shells as well as to lathi charges to disperse the crowd. Several rounds of firing were resorted to in order to disperse the mob. In the incident, more than 20 persons were injured and three houses of members of the Bharwad community were set on fire. One person, namely Ajitbhai Prahladbhai, also died. Several police personnel were also injured. No person was named in the said FIR.
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Another FIR, being Case No. C.R.No. I-155 of 2008, was registered at Bavla Police Station on the same date i.e. 8.7.2008 at 22:35 hrs by Babubhai Popatbhai Koli Patel (appellant in SLP (Crl.) No. 2077/2010 and respondent in SLP (Crl.) Nos. 3235-3240/2010) (hereinafter called as complainant), resident of village Vasna, Taluka Bavla, wherein he alleged that an incident took place on the same day at 9:15 hours near Dhedhal village in which he named 18 persons as accused. As per this FIR, an incident occurred on 7.7.2008 in the evening at about 6.30 p.m. His cousin Jayantibhai Gordhanbhai told him that when Budhabhai of their village and two rickshaw-walas were taking passengers at Dhedhal Chokdi, the Bharwads of Dhedhal village who were also plying rickshaws, chhakdas etc. told the Koli Patels not to take passengers from there and they took away the keys of the jeep, beat up the Koli Patel boys, abused and threatened them and told them not to bring jeeps and rickshaws to Dhedhal Chokdi. Babubhai Popatbhai Koli Patel, complainant reached Dhedhal Chokdi and met Budhabhai Laljibhai Koli Patel of his village and his brother Jayantibhai Laljibhai and enquired about the incident. They complained about browbeating and threatening by the Bharwads as the Bharwads wanted that no one else should bring jeeps and chhakdas to Dhedhal Chokdi. The informant/complainant stated that Kantibhai Ratanbhai Bharwad and other persons standing nearby told them to stop and threats were made by the Bharwads. On the date of the incident, when the informant was coming towards Dhedhal village from Vasna, his cousin Vadibhai Pakhabhai's tractor and one chhakda rickshaw were passing through the road. When they reached near Dhedhal village pond, the rickshaw and tractor were halted, his car was also stopped and he got down from the car and saw that 10 to 12 persons belonging to the Bharwad community were assaulting his cousin Vadibhai Pakhabhai and Amubhai Pakhabhai with sticks. They were also assaulting the chhakda rickshaw-walas. He saw Ganesh Jaksi of the Bharwad community of Dhedhal village having tamancha-like weapon in his hand and instigating the other persons to indulge in violence. He also saw Sanjay Chela Bharwad, Dhiru Matam Bharwad, Sura Raiji Bharwad of Dhedhal intercepting people going on the road and Karshan Chako Bharwad, Moman Natha Bharwad, Kalu Sedhu Bharwad, Kalu Hari Bharwad, Chinu Bhikhu Bharwad assaulting Vadibhai Pakhabhai and Amubhai as well as the chhakda rickshaw-wala saying that the road was not for them and thus, they should not pass through it. The complainant and Manubhai went to rescue Vadibhai. At that time, Jayantibhai Laljibhai Patel of their village and Matambhai Vadibhai Patel came on a motor cycle. They were also stopped and all the persons jumped on them and started assaulting and abusing them. He saw that Surabhai Raijibhai Bharwad had inflicted stick blows on Manubhai due to which he was injured and became unconscious. When the mob beat up Manubhai, at that time, other Bharwads from Dhedhal village had also arrived.
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The Bharwads started beating passersby on vehicles, who had worn clothes like Koli Patels and causing injuries to them. The Bharwads made calls on mobile phones to call other Bharwads. The Bharwads assaulted and killed Manubhai Koli Patel and Ajitbhai Prahladbhai Koli Patel by assaulting them with deadly weapons like revolver, dhariyas and sticks and also caused serious injuries to Babubhai Popatbhai Koli Patel, informant/complainant on his head and hand. They also caused minor and major injuries to other persons.
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On 9.7.2008, the inquest panchnama was carried out and three dead bodies were sent for post mortem. The report of the autopsy revealed a large number of injuries inflicted on the deceased persons. Statements of injured witnesses, who were admitted in Long Life Hospital, namely Dashratbhai Popatbhai Patel (PW.26), Hemubhai Babubhai Patel (PW.12), Jayantibhai Laljibhai (PW.14), Vadibhai Pakhabhai (PW.27) were recorded on 10.07.2008. Statements of injured witness Matambhai Vadibhai (PW.18) were recorded on 10.7.2008 and 21.7.2008.
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The accused in both the cases filed Special Criminal Application No. 1675/2008 praying for investigation of CR No. I-154/2008 registered with Bavla Police Station by an independent agency like the CBI, Special Criminal Application No. 1679/2008 for quashing of C.R. No. I-154/2008 and C.R. No. I-155/2008 registered with Bavla Police Station. Three applications being Criminal Misc. Application Nos. 8249/2009, 8361/2009 and 8363/2009 to quash and set aside the proceedings undertaken by Sessions Court during the pendency of the applications filed earlier were made. Twenty two persons were arrested. On completion of investigation, the charge sheet was filed on 10.10.2008 against 12 accused persons and the case was committed to Sessions Court.
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By judgment and final order dated 22.12.2009, the High Court quashed the FIR registered as CR No. I-155/2008 and clubbed the investigation of the FIR along with the investigation of the other FIR bearing CR No. I-154/2008 to the extent it was feasible. The court transferred the investigation to the State CID Crime Branch and directed the new Investigating Officer to investigate the Bavla Police Station C.R.No. I-154/2008 as it stood earlier prior to the deletion of Section 302 IPC with a further clarification that quashing of the FIR registered by Bavla Police Station i.e. C.R.No. I-155 of 2008 could not mean that accused in respect of the said FIR has been discharged of the offences as they would face the charges in C.R. No. I-154/2008 and the accused who stood arrested in connection with C.R.No. I-155 of 2008 would stand arrested in connection with case C.R. No. I-154/2008. Hence, these appeals.
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Shri R.K. Abichandani, learned senior counsel appearing for the appellant/complainant in C.R. No. I-155/2008, and Shri Tushar Mehta, learned Additional Advocate General have submitted that the High Court quashed the FIR without appreciating that there are no common factors in both the FIRs so as to indicate that both FIRs had arisen out of the same transaction. Thus, the FIRs could not be clubbed; the incident recorded in CR No. I-155/08 occurred prior in point of time and facts recorded in both the FIRs make it evident that there had been...
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