ANITA BHANDARI Vs. UNION OF INDIA

JUDGEMENT

(1.) Both these appeals and Civil Applications filed in it are disposed of by this common judgment as they are arising out of the judgment and order dated 28.10.2002 passed by the learned Single Judge of this court (Coram : M.S.Shah, J.) in Special Civil Application No.8736 of 2002.

(2.) As per the FIR lodged by Shri Mahendrabhai Kothawala on 4.4.2001 at about 1.45 p.m. Shri Sureshbhai Bhandari came on his scooter and parked it near Dena Bank, situated at Reshamwala Market, Surat. At that time, Shri Nagjibhai, Watchman of the bank requested him to park his scooter on the other side as it was causing obstruction in carrying cash box. Thereupon, Sureshbhai got angry and abused Shri Nagjibhai by his father. Nagjibhai told him not to abuse him as he is watchman of the Bank. Heated exchange of words took place between them, when they were going inside the bank. Nagjibhai was following Sureshbhai. That time he heard loud noise. He went inside and saw Sureshbhai lying profusely bleeding, having bullet injury on his right shoulder. Nagjibhai was standing there with his gun. Sureshbhai succumbed to his injuries. Thereupon, FIR was lodged by him before the police wherein it is stated that on account of quarrel between Nagjibhai and Sureshbhai (deceased) regarding parking of a scooter the incident in question had happened. After completing the investigation, the police filed charge sheet dated 15.5.2001 against Nagjibhai for the offences under section 302 IPC and under Section 30 of the Arms Act for committing murder of Sureshbhai Bhandari.

(3.) Mrs.Anita Bhandari, widow of Sureshbhai Bhandari on her behalf and on behalf of her two minor children, Ajayesh and Neha, aged 9 and 2 respectively approached this court by way of Special Civil Application No.8736 of 2002 and prayed that the respondents be directed to pay a sum of Rs.1,08,00,000/= (Rupees One Crore Eight Lakhs, only) with interest @12% p.a. with effect from the date of the death of her husband i.e. 4.4.2001 till realisation and also to direct respondents to appoint the petitioner No.1-Mrs.Anita Bhandari in Dena Bank at Jodhpur on a suitable job commensurate with her qualification. On behalf of respondent Nos.2, 3 and 4-Dena Bank reply affidavit was filed opposing the petition.