STATE OF GUJARAT Vs. DHARMISTABEN NARENDRASINH RANA

JUDGEMENT

(1.) This Letters Patent Appeal filed by the State of Gujarat on 19th June, 1997 is directed against the judgment and order dated 21-2-1997 passed by the learned single Judge in Special Criminal Application No. 101 of 1996 (reported in 1997 (2) GLR 1043) whereby a direction was given for payment of a sum of Rs. 2 lacs to the original petitioner, i.e., Dharmistaben Narendrasinh Rana, as a measure of interim compensation.

(2.) The facts of the present case depict a dismal story of the death of Shri Narendrasinh Rana who was working as an Assistant Intelligence Officer in the establishment of Intelligence of the Police Department. At the relevant time, he was posted as Assistant Intelligence Officer at Lunawada, District Panchmahals, at Godhra. An application dated llth January/19th January, 1996 addressed to the Chief Justice of this Court by one Dharmistaben, i.e., wife of deceased Narendrasinh Rana was received by post with the prayer that for the facts, reasons and grounds stated in the application, a high level inquiry be ordered in the matter of death of her husband. On 24th January, 1996, the Joint Registrar of this Court made a submission on the basis of this application dated 19th January, 1996 received from Dharmistaben recording therein that in her application, she had stated that on 1-11-1995 at 1 O'clock in the midnight, Mr. M. H. Joshi, P.S.I., Local Crime Branch, Godhra, Police Constable Dinesh and other members of the staff came and took her husband in a jeep; Mr. Joshi took her husband to C.I.D. office and after that, at 6-30 a.m., he was taken to Government Guest House at Lunawada. At 7-15 a.m., her husband had gone to urinals and Police Constable Dinesh also went with him; at that time Dinesh came to P.S.I. Shri Joshi and told him that Head Constable Rana had shot down himself and hearing this, Mr. Joshi rushed to the spot and found the body of Head Constable Rana lying in between the door of the urinals. The P.S.I, had taken the body outside and Police Constable Dinesh had taken the revolver. It was further stated in the application that there was something fishy about the death of her husband and she had a doubt that P.S.I. Mr. Joshi and Police Constable Dinesh had murdered her husband and the Sub-Divisional Police Officer Mr. Dave had helped them. On these allegations, a high level inquiry with regard to the aforesaid incident was sought. It appears that the then Acting Chief Justice, on the very same day, i.e., 24th January, 1996 recorded 'Yes' to the part "A" of the aforesaid submission made by the Joint Registrar that the said application in question as sent by Dharmishtaben may be treated and registered as Special Criminal Application under Rule 31 of the High Court (Amended) Rules, 1995 and the same be placed before the Court for appropriate orders. Accordingly, the said application was registered as Special Criminal Application No. 101 of 1996 with the title of Dharmistaben petitioner v. (1) State of Gujarat, (2) Shri M. H. Joshi, P.S.I., L.C.B., Godhra, (3) Dave. S.D.P.O., (4) Police Constable Dinesh, and (5) Ambalal Rana, landlord of the house of the C.I.D. office as respondents. The copy was served upon the Public Prosecutor. On 1-2-1996, notice returnable for 9th February, 1996 was issued to respondent Nos. 2 to 5 with a direction to remain personally present before the Court and file their respective affidavits-in-reply with regard to the allegations made in the application. On 9-2-1996, the matter was adjourned on the request of the respondent Nos. 2 to 5 to 23rd February, 1996, the matter was then made to stand over and on 16th March, 1996, it was stated on behalf of the respondent No. 1 State of Gujarat that D.S.P., Panchmahals, Godhra had directed the Addl. D.S.P. of Panchmahals to inquire into the matter and the inquiry had already been made. Learned Public Prosecutor, was therefore, directed to furnish a report of such inquiry on record and also to produce the post-mortem notes and other medical papers relating to the death of deceased Narendrasinh Rana and the matter was posted for 25th March, 1996. On 25th March, 1996, it was made to stand over to 8th April, 1996 on the request of learned Govt. Counsel and on 8th April, 1996, it was made to stand over to 10th April 1996 on the request of learned Govt. Counsel and again adjourned to 25th April, 1996. On 25th April 1996, while making the matter S.O. to 18th June, 1996, learned Govt. Counsel was asked to see that on the next date, i.e., 18th June, 1996, the Officer of C.I.D. (Crime) who is incharge of the investigation remains present before the Court with the investigation papers. Learned Govt. Counsel was also directed to request the Govt. as to whether the investigation be handed over to the top officers of C.I.D. (Crime). Thereafter, the matter was made to stand over to different dates. It appears that in the meantime, an affidavit dated llth March, 1996 had been filed by Shri M. H. Joshi, P.S.I., Local Crime Branch, at Godhra, District Panchmahals and an affidavit dated 1st March, 1996 had been filed by Shri Dave, Dy. S. P., Lunawada, Panchmahals and an affidavit dated llth March, 1996 had also been filed by Shri Ambalal Rana residing at Lunawada. It further appears that Shri K. H. Bhaya had entered appearance on behalf of the petitioner and on 2nd July 1996, it was recorded that learned Counsel for the petitioner had insisted that the investigation be handed over to either Dist. Magistrate or the Addl. D.G.P., C.I.D. (Crime). It was also recorded that the investigation was in progress and the P.I., C.I.D. (Crime), Godhra Shri R. M. Bhabhor had been conducting the investigation into the matter. The submission of Mr. M. R. Anand, learned Public Prosecutor was also recorded that the investigation hereafter shall be under the direct supervision of either the S.P. or D.I.G., C.I.D. (Crime) and the Govt. report of the investigation shall be submitted to the Court. It was also directed by the Court on this date, i.e., 2nd July, 1996 that the investigation shall be completed and the report shall be submitted on or before 31st August, 1996 and the investigation shall be under the direct supervision of D.I.G., C.I.D. (Crime). The matter was adjourned to 2nd September, 1996 for submission of the report. It appears that a report dated 16th September, 1996 under the signatures of one Shri Gurdial Singh, I.G. (Crime) was filed. On 15th October, 1996, when the matter came up before the Court, time was granted for filing an affidavit on or before 22nd October, 1996, and thereafter Shri H. R. Gehlot, D.I.G., C.I.D. (Crime) filed an affidavit dated 17th October, 1996. On 22nd October, 1996, the matter was made to stand over to 24th October, 1996 and on 24th October, 1996 it was stated before the Court and recorded in the proceedings that the investigation had been completed, but the report had to be filed and a direction was given to file the reply as to what was the conclusion of the investigation and such report was directed to be filed within a week's time and that the papers of the investigation were also to be kept ready. The matter was posted for 1st November, 1996. It appears that thereafter, the report dated 30th October, 1996 was filed under the signatures of Shri H. R. Gehlot, Dy. Inspector General of Police, C.I.D. (Crime) and thereafter on 23rd December, 1996, Rule returnable for 27th January, 1997 was issued. On 27th January, 1997, the Advocates for the parties sought time and the case was made to stand over to 17th February, 1997 and the learned single Judge decided the matter on 21st February, 1997 partly allowing the petition. The operative part of the judgment as contained in Para 23 is reproduced as under :

(3.) This judgment and order dated 21st February 1997 has been challenged before us through the present Letters Patent Appeal. During the course of hearing of this Letters Patent Appeal, on behalf of the State of Gujarat, an affidavit dated 15th June, 2000 has been filed. In this affidavit, while making reference to the affidavit dated 17th October, 1996 filed by Shri H. R. Gehlot and his report dated 30th October, 1996, it has been stated that (i) On 1-11-1995 at 9-00 hrs. P.S.I., Local Crime Branch, Shri Joshi lodged a complaint in Godhra Police Station against Narendrasinh Rana under Sec. 309 of I.P.C. (attempt to commit suicide) which was registered by Godhra Town Police Station at C.R. No. 1-293/95. (ii) That on 5-11-1995, a case against Hemant Barot, Ajay Bhatia and Kalu Govind Patel for offences under Secs. 406, 240 and 114 I.P.C. was registered at C.R. No. 158 of 1995. (iii) On 3-11-1995, a case was registered against Dadu Barot, Hemant Dadu Barot, Maheshbhai Dadu Barot, for offences under Sec. 20 of the N.D.P.S. Act vide Lunawada P.S.C.R. No. II-97/95. (iv) On 6-11-1995, a case was registered against Dadu Bhura Barot and Prakashkumar Pranlal Chaudhary vide Lunawada P.S.C.R. No. III-154/ 95 for the offence under Sec. 66(b) of the Prohibition Act. (v) In Para 5 of this affidavit dated 15th June, 2000, it has been stated that, with respect to Godhra Police Station C.R. No. 1-293/95, the final investigation was carried out by Shri B. D. Patel, Dy. S. P. (Crime) and the final report under Sec. 173 of the Code of Criminal Procedure was submitted to the Judicial Magistrate, Godhra by the Investigating Officer, Shri B. D. Patel, C.I.D. (Crime), Baroda on 16/21-11-1996 and by an order dated 12th May, 1997, an abated summary had been granted by the Hon'ble Court. A copy of this final report with order dated 12th May, 1997 has been filed with this affidavit as Annexure-I. (vi) With regard to Lunawada C.R. No. 158 of 1995, it has been stated that the accused Ajay Kantilal Bhatia, Kalubhai Govindbhai Patel and Hemant Dadubhai Barot had been acquitted by judgment and order dated 28th April, 1999 passed by the Judicial Magistrate, First Class, Lunawada. (vii) With regard to Lunawada C.R. No. II-97/95, it has been stated that Dadu Bhura Barot, Mahesh Dadu Barot and Hemant Dadu Barot had been acquitted by the Sessions Court, Godhra, by an order dated 23rd January, 1998. (viii) With regard to Lunawada Police Station C.R. No. III-154/95, it has been stated that Dadu Bhura Barot and Prakashkumar Pranlal Chaudhary had been acquitted by judgment and order dated 22nd April, 1997.