JAIRAJSINGH TEMUBHA JADEJA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This Revision Application is filed by the petitioners being aggrieved and dissatisfied with the order of learned Addl. Sessions Judge, Gondal, passed on 6th of October, 2001 below Criminal Revision Application No.57 of 2001, by which the learned Additional Sessions Judge, set aside the order passed by the learned Addl. Chief Judicial Magistrate, First Class, Gondal, passed on 30th September, 2001, rejecting the application of the Investigating Agency for remand of the present petitioner and it was directed by the learned Addl. Sessions Judge that the present petitioners be remanded to police custody from 9th October 2001 to 12th October, 2001. The said order is extended from time to time in this Revision Application.

(2.) The facts go to show that the incident in question occurred on 3rd September, 2001, in which one Govindbhai Desai, an advocate of Gondal was badly injured who was former President of Gondal Municipality. It is the case that Govindbhai Desai was assaulted by two unknown persons at about 20.00 hours in the Gondal City, while he was proceeding on his luna towards his house situated at Jain Derasar Street in Gondal city. While he was proceeding further, he was assaulted by knife and country made pistol. Both the unknown persons had assaulted Mr. Desai with knife and caused serious injuries on various parts of the body of Govindbhai Desai. The said country made pistol was fell on the ground and the assailants ran away from the scene of offence. Thereafter, one Chandrakant Amrutlal Mehta, the complainant in the case, who was present near the scene of offence, went to the scene of offence, shifted the victim to a private hospital and the complaint was lodged by Chandrakant Mehta before the Police Inspector, Gondal City and offence was registered against the unknown persons at about 00.05 a.m. on the next day, 4th September, 2001 under Sections 307 of the Indian Penal Code and under Section 25 (1)(1-B) of the Arms Act and under Section 135 of the Bombay Police Act. The injured victim was treated in private hospital who had sustained 8 injuries. No doubt, the injuries were serious. The Police Inspector of Gondal City Police Station took over the investigation of the offence and from Police Inspector of Gondal City Police station, the investigation thereafter transferred to CID Crime, Rajkot. On 5th of September, 2001, the statement of the victim was recorded which was at that time in the shape of dying declaration. Thereafter, on 6th September also, the further statement of injured was recorded, in which it was revealed that this assault might have been caused by petitioner No.1 herein due to political rivalry and there was one issue of valuable land between them. During investigation, it appears that the Investigating Agency came to the conclusion that the present petitioners were the conspirators in the said crime and hence Section 120-B of the Indian Penal Code was added in the charge. On 29th September, 2001 at about 5.30 a.m. the present petitioners were arrested by the Investigating Officer and were produced before the learned Addl. Chief Judicial Magistrate, First Class, Gondal, on the same day at about 2030 hours. The Investigating Officer asked remand of the accused on the following 11 grounds : (1) Two assailants who were involved in assaulting Mr. Desai are yet to be arrested and they have absconded after the incident. (2) The country made pistol has been seized and attached from the scene of offence. The muddamal chharol (chopper) is yet to be recovered from the absconding accused. (3) The details about the supply of country made pistol and the supply of Chopper to the assailants are yet to be collected. (4) The accused are political influential person and they are not likely to cooperate in the investigation and they are likely to create hurdles in the course of investigation. (5) The details about the vehicle which was used by the assailants in committing the offence are yet to be collected. (6) The witnesses who are alleged to have seen the occurrence are not ready to open their mouth because of the terror of the present opponents. (7) One of the two unknown assailants, Iqbal, the absconding accused is connected with the present MLA - opponent No.1 and he has absconded immediately after the incident. (8) The time, place of assault has been intentionally selected by the assailants with pre-determined intention. (9) One of the assailants, Mr. Hanif has been identified by the injured Mr. Desai through photograph. The said Hanif is the close associate of Iqbal who is closely associated with the present sitting MLA Mr. Jayrajsinh Jadeja (petitioner No.1 in this application). (10) The offence has been committed after hatching a conspiracy of finishing life of Mr. Desai and details about the role played by each of the conspirators are yet to be collected. (11) The link between the assailants and present arrested opponents is required to be established by collecting material evidence, which cannot be collected without police remand.

(3.) Learned Magistrate dealt with each of the grounds and came to the conclusion that no case was made out by the Investigating Agency to remand the present petitioners to the custody of police. Thereupon, the State i.e. Police Inspector, CID Crime, Rajkot, filed Criminal Revision Application No. 57 of 2001 in the Court of learned Addl. Sessions Judge at Gondal. Learned Addl. Sessions Judge heard both the sides and came to the conclusion that there was a prima facie involvement of the present petitioners in the crime and for the further investigation, the remand was necessary and, therefore, he passed the order impugned in this Revision Application.