MINABEN RAMESHBHAI BHANABHAI RATHOD Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard the learned advocates for the respective parties through video conferencing.

(2.) The present application is filed under Section 439 of the Code of Criminal Procedure in connection with an FIR being C.R. No.I11198007200008 of 2020 registered with Bagdana Police Station, Dist.Bhavnagar for the offences punishable under Sections 302, 201 and 114 of the Indian Penal Code, 1860 (IPC).

(3.) As per the case of the prosecution, the F.I.R. was lodged by the first informant for the incident which is alleged to have taken place on 04.02.2020 (sic. 04.01.2020), which is continued upto 06.01.2020. It is alleged by the first informant that on 04.01.2020 the brother of the first informant had gone out upon receiving a phone call from a lady at about 10:30 p.m. and thereafter, the brother of the first informant has never returned home. It is further alleged that on searching from the relatives' places, the brother of the first informant was not found and, therefore, a missing complaint was given on 05.02.2020 with Palitana Rural Police Station at about 8:00 p.m. It is also alleged that the first informant had given names of some persons, who they suspected Rameshbhai Bhanabhai Rathod, Kantibhai Dahyabhai Rathod, Ashokbhai Jivabhai Rathod, Jerambhai Gigabhai Rathod, Jivabhai Bhanabhai Rathod, Mohanbhai Bhanabhai Rathod and Jayantibhai Bhanabhai Rathod. It is further alleged that the aforesaid persons had called the brother of the first informant with the help of one lady and they have killed the brother of the first informant. It is also alleged that the first informant was suspecting of the incident since on 20.02.2019, when the brother of the first informant was onway from Village Madhiya and to Bagdana village; he was stopped at Village Monpar and was beaten by the aforesaid persons. It is alleged that the brother of the first informant was thereafter, thrown near the Police Station. It is alleged that the first informant therefore, suspected something fishy and, hence a complaint was lodged with Palitana Police Station. It is alleged that on 06.01.2020 the first informant received a call from the Police Station that a body of a person in a very suspicious condition was found near Bagdana Police Station area, near Monpar Village. It is alleged that the aforestated persons had earlier assaulted the brother of the first informant and, therefore, the first informant has suspected that they have killed his brother. It is alleged that initially when the brother of the first informant was assaulted by the aforenamed persons, there was some compromise, however, thereafter, his brother was murdered by them.