BALUBHAI CHHOTUBHAI VASAVA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The applicant herein is original complainant of F.I.R. No. I- 09/2009 dated 15.01.2009 registered with Jhagadiya Police Station. In the said complaint, it is stated that the complainant is residing at village: Vasana, Taluka: Jhagadiya, District: Bharuch, where his agriculture land is situated and he is doing agriculture work and he has been working as Acting President of Jhagadiya Taluka Congress Committee since last two years. He has three daughters namely; Bhumikaben, Sandhyaben and Ankitaben. Bhumikaben is studying in college, youngest Ankitaben is studying in school and his wife Basantiben as well as daughter Sandhyaben are doing house hold work. He has further stated in the complaint that on 15.01.2009 when he had started his journey to come to Jhagadiya in his Tata Sumo Car which was driven by Ramanbhai and when they reached Jhagadiya Chokdi at about 9.30 A.M. and at that time Grishbhai Umeshbhai Vasava of Talodra village met him and stated that Sarpanch of Talodra village Mohanbhai Devjibhai has received a notice from the Mamlatdar regarding cutting of the trees in gauchar land. As the said Sarpanch Mohanbhai has to tender the reply of the said notice, he told me to come at Talodara and therefore, they have to go to Talodra. Thereafter, complainant Grishbhai after finishing some work at Jhagadiya Crossing started for Talodra at about 10.30 A.M. and reached at the house of Girishbhai Vasava and called Mohanbhai, Sarpanch of Talodra, at his residence and they were discussing the issue. It is further stated in the complaint that at about 12 o'clock when his car was parked outside the house of said Girishbhai, few persons known to him viz. Rustamkhan, son of Shakurkhan Pathan, Sherkhan Shakurkhan Pathan as well as Ismile Ishaq Ravat of village Koth and Rameshbhai Karsanbhai Patel of Juna Borbhada, came there to meet him and when they all were sitting together, Grishbhai went in the village to bring some cold drink. At that time, at about 12.30 P.M., all of a sudden two Scorpio cars reached at that place, which were belonged to Ramesh Bhana of Valia and Kishorbhai Chhotubhai Vasava. Suddenly, Kishorbhai Chhotubhai Vasava, Mahesh Chhotu Vasava, Dilip Chhotu Vasava and Shanya Vasava of village Haripura and Ramesh Bhana and Kishor Vasava of village Vagal Padi and Fatehsinh Vasava of village Dharoli along with five more persons which he can identify, came out from the cars. It is further stated that they all have attacked the complainant and other persons sitting with him viz. Rustamkhan, Sherkhan, Ismile and Ramesh Patel. It is further stated that amongst them Chhotubhai Vasava and Dilip Vasava were having a revolver in their hands whereas Mahesh Vasava was having Hockey Stick, Shanya was having sword, whereas rest of them having sticks and Codgel and they all have started abusing and threatening him to kill. It is further stated that initially petitioner was working with said Chhotubhai Vasava who was M.L.A. but because his intention was not good, petitioner left him and started working with congress party and for such reason, there was enmity between them for which petitioner has filed affidavit in the Court also.

(2.) However, so far as actual incident is concerned, it is the say of the complainant that Kishorbhai and Dilip Vasava had shoot out few rounds in air and beaten him on his hand, whereas Maheshbhai has beaten with hockey which resulted into fracture, whereas Ramesh Bhana, Shanya Vasava and Fatesingh Vasava beaten him with stick on his right leg which has also resulted into multiple fracture. It is also alleged that other people have beaten him with sticks on his right hand. It is further stated that as the other people sitting with the complainant namely; Rustambhai, Sherubhai, Ramesh Patel and Ismile etc. had tried to help the complainant, the said Chhotubhai and Kishorbhai with Mahesh, Chhotu etc. had also beaten Rustamkhan, Sherubhai and Ismilebhai and they also received injuries. It is further stated that the intention of all those people was to kill me and that they have broke down the glasses of the vehicle. Their attack resulted into grievous injuries to the complainant and people sitting with him and that those people had given threat also. Considering the incident and injuries caused to the complainant and other peoples, ambulance was called for and all were taken to Patel Welfare Hospital at Bharuch and at the time of lodging complaint, he was admitted in emergency ward of Patel Welfare Hospital.

(3.) Thus, the complainant in his complaint, gave all details, but the basic allegation is regarding attack by group of people with further allegation of using fire arms. However, so far as fire arm is concerned, there is admission in the complaint that it was not used against any person and the fire was in air, therefore, prima facie, it becomes clear that allegation of fire arms are probably with a view to see that other side may not get bail and there may serious consideration during the trial because of the injuries and charges under the Arms Act. For the purpose, papers of investigation are material to show that weather any fire arms were recovered from any one or not.