GANGARAM KONDIBA INGLE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) ALL these revisions filed under S. 397 of Code of Criminal Procedure read with Art. 227 of the Constitution of India can be disposed of by this common order as the order challenged is the same.

(2.) APPLICATIONS filed by these petitioners under S. 227 of the Criminal Procedure Code for discharge came to be rejected by the learned Additional Sessions Judge, Greater Mumbai, by order dated 7th August 1998 and the said order is challenged here.

(3.) BEFORE dealing with the case of each of these petitioners, it would be necessary to state few aspects. One Mahendra Pratap Singh (M. P. Singh for short) was a prominent businessman carrying on business of transportation of petroleum products. He was also owner of petrol pumps. He was having his office at Ghatkopar (East), Mumbai. On 12-5-1995 Mr. M. P. Singh left his office at about 6-00 p. m. along with his uncle Shri Chandrabhan Singh towards New Mumbai in his Maruti car bearing No. H-04-A-616 at about 7-15 p. m. The car reached Garden Hotel, Panvel. M. P. Singh enquired about one Satyan with the Receptionist of the Hotel. He was informed that Room No. 106 was booked by Satyan. Mr. M. P. Singh went to Room No. 106 along with his uncle (the complainant ). One unknown person opened the door and informed M. P. Singh that Satyan has arrived with his family and he is staying in Hotel Welcome. The said person went out of the room and came back after some time in Room No. 106 and informed M. P. Singh that Satyam would be coming shortly. In the meantime, another unknown person arrived in the said hotel and informed that Satyam would be available on his farm house. On receiving this information M. P. Singh along with his uncle and two unknown persons started going towards the farm house of Satyan in his Maruti car. The car was driven by M. P. Singh and his uncle Chandrabhan Singh was sitting by his side. The 2 unknown persons occupied the rear seats. When the car travelled for about 2 Km. along the Panvel by-pass Road, M. P. Singh enquired regarding location of farm house of Satyan. He was informed by the two unknown persons that they might have crossed the farm house of Satyan. At that point, M. P. Singh stopped the car on the road and came out of the car. The two unknown persons came out of the car and asked Mr. M. P. Singh to back the said car. Accordingly, they again occupied the car and Mr. M. P. Singh was about to start the car. The person sitting on the rear seat fired two rounds on the head of M. P. Singh and they came out of the car. They threatened Chandrabhan Singh to come out of the car and asked him to flee away. M. P. Singh died on the spot. Mr. Chandrabhan Singh came home and informed father of M. P. Singh. Thereafter, they came and lodged complaint with Panvel Town Police Station which came to be registered at CR No. I-132/95, under Ss. 302, 506 (2), 120-B, r/w 34 of the IPC and Ss. 3, 25 and 27 of the Arms Act. Initially, investigation was carried out by Panvel Town Police Station, but subsequently it was entrusted to D. C. B. , C. I. D. Mumbai by Government of Maharashtra, considering gravity and seriousness of the offence.