GIRISHBHAI REVASHANKAR JOSHI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioner No.1 is resident of Ahmedabad and petitioner No.2 being NRI, residing at London and he is the victim of a larger conspiracy, seek direction for further investigation under Sec. 173(8) of the Cr.P.C in connection with an offence being C.R.No.454/2006 registered with Ellisbridge Police Station, Ahmedabad on 15/6/2006 for the offence under Ss. 302, 147 , 148, 149, 120 (b) and 34 of the Indian Penal Code, 1860 and Sec. 135 of the Bombay Police Act, wherein it is alleged that NRI Mr. Pankajbhai Trivedi was brutally murdered near Ellis-bridge Gymkhana, and the matter was committed to the Court of Sessions and Sessions Case No.185/2009 has been registered before the City Sessions Court, Ahmedabad.

(2.) The petitioner No.2 as a part of larger conspiracy was brutally attacked and severely injured while on his visit to India in almost identical offence and by the same group of persons as the present offence and for that, separate FIR being C.R.No.I-10/2003 dtd. 12/1/2003 was registered at Jamnagar City 'A' Division Police Station, Jamnagar, for the offence under Ss. 147, 148, 149 , 323, 324, 325, 326 and 120 (b) of the Indian Penal Code, 1860.

(3.) As per the record, crime came to be investigated in connection with the offence being C.R.No.454/2006 and chargesheet was filed on 6/9/2006 against 10 accused persons. As per the case of the prosecution, deceased Pankajbhai Trivedi was disoriented with the functioning of swadhyay parivar under one Dhanshri @ Jayshree Didi and had raised voice against financial irregularities and such activities of deceased led to animosity in the minds of accused and therefore, the accused persons conspired and ultimately the offence was committed.