RAMPRASAD VISHWANATH GUPTA Vs. PRAKASH GANPAT KADAM

JUDGEMENT

(1.) These five Applications are filed by the original complainant/first informant Ramprasad Vishwanath Gupta for cancellation of bail granted by the Sessions Court to accused No. 13 Police Constable Devidas Sakpal, accused No. 16 - Head Constable Prakash Kadam, accused No. 17 PSI Ganesh Harpude, accused No. 18 - PSI Anand Patade and accused No. 19 Constable Pandurang Kokam by orders passed on different dates in Sessions Case No.317/2010.

(2.) Prosecution case, in brief, is that deceased Ramnarayan Gupta was the brother of complainant Ramprasad Gupta. In the afternoon of 11.11.2006, Ramnarayan and his friend Anil Bheda were abducted by four or five well-built persons, who appeared to be policemen, by forcibly loading him in a a silver coloured Qualis Car. The complainant sent telegram and fax messages to different authorities in the name of wife of Anil Bheda or himself complaining that Anil Bheda and Ramnarayan Gupta were abducted by some persons, who appeared to be policemen and there was danger to life of both of them. In the evening at about 8.15 p.m. a breaking news was flashed on T.V. that Ramnarayan Gupta was killed in an encounter with the police at Nana-Nani Park near Versova. Anil Bheda was illegally detained at different places for about 30 days. After he was released, it was revealed that Anil Bheda and Ramnarayan Gupta were initially taken to D. N. Nagar Police Station and at about 7 p.m. Anil Bheda was taken away from the police station by a vehicle by some policemen and was kept away from the police station for about 1-1/2 hour or 2 hours. In the evening at about 9 p.m., Anil Bheda was brought back to D.N.Nagar Police Station. At that time, he noticed that some police officers and staff were keeping their fire arms and blood stained clothes in a room. Later on, Anil Bheda was detained for about 30 days at different places including at Hotel Mid Town situated in Andheri. The complainant moved several authorities complaining that his brother was murdered, but no action was taken by the authorities concerned. He finally filed a Writ Petition, being W.P. No.2473/2006 under Article 226 of the Constitution of India and by an order dated 13.2.2008, the Division Bench of this Court directed that enquiry be made by Metropolitan Magistrate as required under Section 176(1-A) of the Code of Criminal Procedure. The Metropolitan Magistrate, after holding the enquiry came to conclusion that Ramnarayan Gupta was shot dead by the police after he was abducted and when he was in police custody. He also held that the false FIR was lodged by accused No.9 Police Inspector Pradip Suryavanshi of D.N.Nagar Police Station to show that Ramnarayan Gupta was killed in an encounter with Police. When on being police asked to surrender, he fired against the police when he was in police custody, and that it was filed only to cover up the murder of Ramnarayan Gupta. After the enquiry report was submitted, the Division Bench of this Court by order dated 13.8.2009 in the aforesaid Writ petition constituted a special investigation team for investigation of this case. Mr. K.M.M. Prasanna, DCP, Mumbai City, was appointed as Investigating Officer and he was directed to record the statement of the complainant and to treat that statement as FIR. Accordingly, statement of the complainant was recorded on 20.8.2009 and investigation was carried out.

(3.) During investigation, it was revealed that accused No.l Police Inspector Pradip Sharma, accused No.9 - PI Pradip Suryawanshi and accused No. 14 - Janardan Bhanage, had entered into conspiracy to eliminate Ramnarayan Gupta. It appears that accused No. 14 Janardan Bhanage had some personal enmity with Ramnarayan Gupta. Thereafter other officers and some criminals were involved in the execution of the said conspiracy. Accused No.4 - Shailendra Pande, accused No.5 - Hitesh Solanki, accused No.6 - Akil Khan, accused No.8 - Manoj Mohan Raj, accused No. 12 - Mohd. Moiddin and accused No.21 - Suresh Shetty and accused No.7 police constable Vinayak Shinde had abducted Ramnarayan Gupta and Anil Bheda from Vashi, on 11.11.2006. Accused No. 1 PI Pradip Sharma, accused No.2 Police Constable Tanaji Desai, accused No.9 P.I. Pradip Suryavanshi, accused No. 15 API - Dilip Palande were the persons who actually fired and shot dead. Accused No. 11 API Nitin Satape and accused no.22 PSI Arvind Sarvankar claimed to have fire during the encounter though the bullets fired from their fire arms were not recovered. Accused Nos. 13,16,17,18 and 19, whose bail orders are sought to be cancelled, are said to be the members of the team which shot him dead. Accused No. 13 Devidas Sakpal had allegedly guarded Anil Bheda at Hotel Mid Town on certain occasions and accused No. 16 Head Constable Prakash Kadam had joined the abductors at about 4.30 p.m. and since then he was with Anil Bheda. He was also with Anil Bheda when he was taken out from D. N. Nagar Police Station in the evening and also later on at Hotel Mid Town from time to time.