ANIL BHIKHABHAI VIBHANI (BAROT) Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This application has been preferred under Section 439 of the Code of Criminal Procedure, 1973 in connection with the offense being CR No. I - 65 of 2012 registered with Rander Police Station, Surat, on 18.4.2012, for the offences punishable under Sections 302 and 114 of the Indian Penal Code and Section 135 of the Gujarat Police Act. In this matter, chargesheet is filed and this is a successive bail application.

(2.) Briefly stated, the case of the prosecution is such that the aforesaid complaint is filed by Ravji Anilbhai Vibhani (Barot) alleging that she is a daughter of Anilbhai Vibhai, who is a builder and her mother's name is Sonalben and she was studying in Std. 10 at the time of incident. The complainant has also one sister and one brother. It is alleged that since from sometime, the dispute was going on between the mother and father of the complainant with regard to the property and earlier her father was arrested in connection of the prohibition offence. On the date of incident i.e. on 18.4.2012, at about 3:00 O'clock, the father of the complainant came to the home and starting quarreled with the mother Sonalben for money and property, as the property is in the name of said Sonalben. It is also alleged that the father of the complainant administered threat to the said Sonalben that if she will not given money to him, he would kill her. It is also alleged that on the very day at about 11:00 p.m. at night, when the brother and sister of the complainant namely Vedant and Tapsvi and said Sonalben were watching the T.V., some noise for knocking the door on backside was come and therefore, said Sonalben started to proceed towards the side of back door, but thereafter, she did turn up and came at upper floor of the house and thereafter, called the police by dialing telephone No.100 of police. Thereafter, on hearing noise of vehicle, said Sonalben told the complainant that it seems that police had come, so, the said Sonalben opened the door of bedroom, at that time, the father and paternal uncle of the complainant stood with knife and they dragged the said Sonalben by holding heirs to the another room of their home. From the said room, the said Sonalben were shouting and immediately, her father came out from the room. It is also alleged that at that time, her brother namely Vedant started to shout and therefore, paternal uncle pressed the mouth of said Vedant. Thereafter, her father and her uncle ran away from the place.

(3.) In connection of the aforesaid offence, the investigation was made and muddamal Dhairya in two nos. were recovered, panchnama of scene of offence was drawn, CCTV camera footage were also recovered, statements of witnesses were also recorded. Inquest Panchnama was drawn and P.M. was carried out. FSL analysis report was also tagged with the papers of investigation and the charge-sheet is also filed in the present case.