KAVITABEN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) RULE . Mr. P.M. Thakkar, learned counsel for Mr. Bhushan B. Oza, learned advocate for respondent no. 2 waives service of notice of rule while Ms. J.D. Jhaveri, learned APP waives service of notice of rule for respondent no. 1 -State.

(3.) THE applicant herein is wife of the victim whose dead body was found in a burnt car. On the day of incident, present applicant who is being a wife of the victim Pritesh Gambhirsinh Chauhan was probably not aware about the factual details of actual incident wherein her husband has got burnt alive in a car. Therefore, initially on 8.10.2012, Police Official of Ankleshwar (Rural) Police Station has registered an FIR being 1st C.R. No. 105 of 2012 under Section 302, 201 and 120(B) of I.P.C. based upon a complaint lodged by one Jivrajbhai Jethabhai Vasava. On perusal of such complaint, it becomes clear that there is disclosure that the incident has taken place at about 10.00 p.m., on 7.10.2012 and it was disclosed to the Police on 8.10.2012 at about 12.00 noon, wherein, complainant has stated that he is doing labour work and on that day, they were working on one site of foundation works at filling point of ONGC, under the Contractor Mr. Dheerajbhai Panchal, in sim of Umarvada village on road approaching to National Highway no. 8 from Umarvada in Ankleshwar of Bharuch District. At that place in all thirteen persons including men and women were doing labour work of construction and staying at the site at night in tents. Amongst them complainant and two others were keeping watch on the material of construction at the site during night hours and therefore they were sitting on the road. At such time, at about 10.00 p.m. On 7.10.2012, they felt a smell of petrol, therefore, they have looked on the road where they show two vehicles standing nearby with their headlights on. In light of such head light, they recognized one vehicle with a white color and another vehicle with a red color. It is further stated that out of these vehicles, two people had come down and in between there was a sudden fire and thereafter red color car has gone towards Ankleshwar. They have seen the fire from their tents. He has further stated that the fire continued in the car for one and half hour but they have not gone on the site by leaving their camp and on next day i.e. 8.10.2012, they have conveyed such fact to their contractor, Mr. Dheerajbhai Panchal when he came on the site and thereafter they have seen the vehicles by reaching on road where they found a burnt dead body of a human being. With such disclosure, he has lodged a complaint to the effect that in view of above facts, the persons of red car have burnt the person sat in a white car by burning the car totally and thereby an offence of killing a human being was committed. Such F.I.R. was recorded by P.S.I., Ankleshwar (Rural) Police Station namely; Mr. H.Z. Solanki and investigation was started.