MANGALABHAI BABUBHAI KHAMBHU Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioner before this Court is the Uncle of deceased - Chandubhai Samaratabhai Chenabhai, who was a resident of Village Bhatib, Taluka Dhanera, District Banaskantha. He has prayed to pass appropriate order or direction against respondent Nos.2 & 3 to lodge a First Information Report as per application dtd. 18/10/2020 and to add appropriate Sec. under the alleged offence.

(2.) It is stated by learned advocate for the petitioner that though the application was moved on 18/10/2020 for registration of FIR, no action has been taken by the respondent-police authority. It is alleged by the petitioner that on 18/10/2020, the deceased died an unnatural death and according to the petitioner, it was a serious offence of murder punishable under Sec. 302 of IPC. The deceased, aged 22 years, was doing diamond polishing work at Ahmedabad and had entered into a love marriage in September 2020 with Pinaben, daughter of Harijan Sevantibhai Sendhabhai and they had settled in Rajasthan. The marriage was registered on 3/10/2020 before the Registrar of Marriage, Gram Panchayat Rabod, Taluka Kalol, District Panchmahals. It is stated that the family members of Pinaben were not agreeing with her love marriage and wanted the same to be terminated. Pinaben had notorized an Affidavit on 1/10/2020 affirming on oath about her nuptial ties with the deceased and of having left her parental home without taking any valuables. It is alleged by the petitioner that the family members of Pinaben accompanied with other people of Rajput community had compellingly abducted the deceased Chandubhai and Pinaben from Rajasthan and held them hostage at Jadi Village where they came to be physically and mentally tortured and terrified. It is stated by the petitioner that the deceased succeeded in escaping from their captivation and reached Bhatib Village; still, however, the accused threatened him and dragged him into fallacious criminal cases and had also tried to grab money from the deceased. The petitioner and other family members had urged for getting the investigation done by concerned police officials; still, however, no inquiry has been done. It is further stated by the petitioner that after escaping from Jadi Village, the deceased had been residing at Bhatib Village and on 16/10/2020 when the deceased was having dinner, he received a call from someone and thereafter, the deceased immediately left the home in an unknown car. The petitioner and family members did not know as to with whom and why the deceased had left the house suddenly. It is further stated that on 18/10/2020, the petitioner after completing his work of driving was returning home at Village Bhatib and at about 08:00 pm, he received a call from the father of the deceased of having found the deceased hanging off a tree. The petitioner reached Dhanera and immediately arrived with other family members. The dead body was taken in Pick-up Dalu to Dhanera Government Hospital. The petitioner states that the dead body of the deceased clearly shows that he had sustained grievous injuries and the petitioner states that it appears that after killing him, the body came to be hanged. The pictures of the dead body are attached on record for perusal of the Court.

(3.) On 18/10/2020 the petitioner had given a written application of unnatural death stating about the suspicious demise and he had urged for the investigation and to take immediate legal action. It is alleged by the petitioner that though the concerned police officer had witnessed the dead body of the deceased but had not recorded the statements of the family members. No further inquiry was done. The petitioner had made an application before the Police Inspector, Dhanera Police Station on 23/10/2020 furnishing all grounds and details for carrying out investigation as well as had urged to verify the call records received between 16/10/2020 to 18/10/2020 and for getting forensic investigation. The petitioner had also urged the PSI, Dhanera Police Station for providing copy of the Inquest Panchnama. The petitioner and family members had not accepted the dead body of the deceased for two days awaiting investigation but nothing happened. He stated that he carried out the last rites of the deceased on 20/10/2020. Lastly, the petitioner moved an application on 10/11/2020 before respondent No.3-DSP urging to lodge an FIR contending the series of incidents and had provided the details and had also submitted evidence and had prayed to investigate and take strict action against the accused, who had allegedly killed Chandubhai.