ROSHANBIBI FIDA HUSEN SHAIKH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Petitioner is the widowed mother of one deceased Junedhusen Fida Husen Shaikh who admittedly died in police firing which took place in the city of Vadodara on 15.9.08 between 12.00 and 13.30 hours. From the FIR at Annexure A, it can be seen that as per the complainant, PSI of city Police Station, Vadodara, on 15.9.08 large crowd of different communities had gathered and atmosphere was surcharged with communal tension. Police had therefore, resorted to tear-gas and thereafter firing in air to disburse the mob. However, since these measures did not have desired effect, seven rounds of firing from 303 gun aiming at the crowd was done. Deceased Junedhusen received two bullet injuries and died on the spot. His widowed mother has therefore filed this petition seeking compensation for such untimely death of her son.

(2.) With basic facts there is no dispute. The respondents, however, filed affidavit in reply dated 23rd July 2009, mainly contending that during the course of investigation some witnesses have stated before the IO that the deceased was present and was part of the mob. To the reliance placed on by the petitioner on the Division Bench decision of this Court dated 12.9.2008 in LPA No.937 of 2008, granting compensation of Rs.50,000/- to the family of the deceased, stand of the respondent is that in the said case, the Court had found that the Investigating Agency had not filed any charge-sheet and there was no material showing the involvement of the deceased.

(3.) I have heard learned advocates for the parties and perused the documents on record. With the assistance of the learned APP, I have also perused the statements of the witnesses recorded by the Investigating Officer. Barring some statements of the police witnesses, suggesting that the deceased was present at the time of the incident, there are only two further witnesses who have referred to Junedhusen, viz. Nagin and Jagdish who only referred to some of the members of the assembly who were speaking in Hindi and gave each others name. No role is attributed to the deceased nor is it clear as to whether the name referred to by other members of the assembly pertained to the deceased. Additionally, the priest of the temple which was the center of the agitation has only stated that he learnt that members of the crowd were speaking in Hindi. He later on learnt that Juned died in police firing.