BHUPENDRAKUMAR KANTILAL SONI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard Mr.Vijay Patel, learned advocate appearing on behalf of M/s H.L.Patel Advocates for the petitioners and Mr.H.L.Jani, learned APP appearing on behalf of the respondents so also the concerned investigating officer DySP CID Crime Mr.V.B.Joshi also remained personally present with all relevant record before this Court.

(2.) In the present petition, RULE has been issued by this Court on 13th December, 2000 and thereafter on 29th November, 2000 this Court has passed order with direction to the respondent to place on record the order of Judicial Magistrate concerned dated 4th March, 1999 on the record of this Special Criminal Application on the next date and further to make a statement as to what is the result of the further investigation in the matter. Similarly, again this Court has passed order on 20th June, 2001 directing the respondent No.3 - Deputy Superintendent of Police, CID Crime, Vadodara Division should remain present before this Court on 27th June, 2001 at 11.00 a.m. with all the relevant papers including the report and also the report of the investigation subsequent to 4-3-1999. On behalf of the respondent No.3, one Mr.S.S.Chauhan, Deputy Superintendent of Police, CID Crime, Vadodara Division has filed affidavit dated 13th October, 1999 which is on record.

(3.) The brief facts of the present petition are that on 3rd November, 1996 the petitioner's mother, daughter of petitioner No.2 and son of the petitioner No.1 were brutally murdered and the complaint in respect of the same was filed without mentioning the names of the accused as the same was not available with the petitioners. The said complaint came to be registered as Devagadh Baria Police Station C.R. No.I-213 of 1996 under Section 302, 457, 460 and 114 of the IPC. It was also mentioned in the complaint about looting of gold and silver ornaments worth Rs.21 lacs. The petitioner is an employee of State Bank of India. Since there was an atmosphere of fear, on 22nd November, 1996, the Employees Union of the State Bank of India gave a memorandum to the Collector, Panchamahal District. That on 11th November, 1996, the inhabitants of Devagadh Baria gave a representation to IG, CID Crime, pointing out certain elements who might have been involved in the crime, however, no investigation has been proceeded in its correct direction. Thereafter, on 4th December, 1996, a letter was written by the Member of Parliament Shri Somjibhai Damor to then Chief Minister Shri Shankarsingh Wagehla. However, since two children from S.R.High School and M.C.Modi High School were murdered and the school boys had gone on indefinite hunger strike from 1st December, 1996. The DSP, Panchmahals issued a letter dated 4th December, 1996 to call off the said strike. The strike was called off after six days on receiving promise by one of the Ministers from Panchamahals District, namely Shri C.K.Raulji on promise that the police will trace out the accused within one month. Prior to that, the petitioner No.2 had addressed a letter on 13th November, 1996 to IGP, CID Crime, showing names of particular persons and named them in the application so as to assist the investigation. The petitioner No.2 also vide his letter dated 19th November, 1996 had given more information to the concerned investigating officer. That on 21st November, 1996, a letter was given with specific particulars in detail to the DSP, Panchmahals with a view to assist investigation. The petitioner also gave another detailed letter dated 23rd December, 1996 to the DIG, CID Crime Branch wherein the persons on whom the doubt was raised. Thereafter, investigation was transferred from local Crime Branch to Dy.SP, Panchamahals, Dahod range. Thereafter, the petitioner No.2 addressed a letter dated 21st December, 1996 to the Hon'ble Chief Justice of this Court stating all the facts about unsatisfactory investigation and prayed for interference. However, the concerned Minister Shri C.K. Raulji submitted his resignation, but the same was not accepted at that relevant time. Therefore, according to the petitioner, they were frustrated, had taken step for self immolation and therefore a letter was handed over to then Home Minister Shri Vipul Chaudhari stating that the same in the month of January, 1997. The police had come to them and convinced that an effective investigation will be carried out and in the forth week of January, 1997, the investigation was transferred to Dy.SP, CID Crime, Vadodara, however, nothing was proceeded any further.