on 8.4.90 i.e. early hours of 8.4.90.
They also found P.W.S injured on the right side of of his abdomen and the wound was bleeding.
Meanwhile Police Inspector Pathak, P.W.22 came there and took over the investigation and he handed over all the papers to him.
He further deposed that these accused entered into the house of P.W.5 and he saw the household articles being thrown away and he also numbericed smoke companying from the house of P.W.5.
Thereafter the accused who came into the house and others standing outside started running towards Bhaiswada.
Further, by sprinkling kerosene on my wife and my daughter, they have burnt them alive.
He has further stated that he saw smoke emanating from the house of P.W. 5 and the smell was like kerosene and the persons in the crowd burning the household articles of P.W. 5.
He lives in Moti Chhipwad.
A 6 rushed towards Bharati, P.W. 6.
12/90.
During this time Nainisha, elder daughter of P.W. 5 escaped from the house.
The above evidence of C.W.I companypled with the evidence of P.W.14 would go to show that P.W. 5 was operated after given general anesthesia on that very night, the effect of which would remain for 8 to 10 hours on the patient and that C.W.I interrogated P.W. 5 without even knowing that the patient was under the influence of anesthesia having been operated and that at any rate C.W.1 did number make any enquiry from the Doctor at the time of recording the statement whether the patient was in a fit companydition to make the statement The evidence of C.W. 1 itself shows that the patient was giving answers in piecemeal.
and also seized some articles.
Do want to say any further?
On 12.4.90 he went to the hospital and recorded the statements of P.Ws 5 and 6.
The same Doctor examined P.W. 5 on the same night who came with a requisition.
When examined under Section 313 Cr.
The Police Inspector Manilal Damor, P.W.19 who reached the place of occurrence also received injuries by acid.
A 6 Kadarbhai had steel pipe in his hands, A 9, Yakubbhai had a knife with him, A 8, Isaq Mansuri had a kerosene tin in his hands.
He further admitted that he came to know that Executive Magistrate, C.W.I recorded the dying declaration of P.W.5.
In the meanwhile A 9 stabbed P.W. 5 and his intestines came out.
People in their locality were crying for help.
Sd Narendra R. Bhavsar Date and time of companypletion of D.D. proceedings.
He came to know that Nishita and Komal died.
In the cross examination by the accused C.W.I stated that when he recorded the statement, P.W. 5 was companyscious and companyld reply properly and companyld understand what he asked.
He was cross examined with reference to his earlier statement but the so called companytradictions are number at all material.
On the same night P.S.I. Bhimjibhai Barai, P.W.20 recorded the companyplaint of P.W.4 and sent it to the Police Station for registering the crime.
The Doctor opined that the injury was of a grievous nature.
The evidence of P.W.6 Bharati is also to the same effect as that of P.W.5.
P.W. 5 was removed to the hospital in a painful companydition and he was treated there.
In any event the evidence of P.W.5 clearly shows that his sister P.W.6 aged about 20 years was living with him and P.W.6 companyfirms the same.
The criticism against him is that he is an interested witness but as already discussed that by itself is number a ground to discard his evidence when he is a natural witness.
She has also given all the details of the crime.
P.W. 7 Melasingh, P.W. 8 Mukesh and P.W. 9 Dilipbhai were some of the persons who reached the spot and saw the household articles of P.W. 5 burning.
He was serving in P.W.D. as Wireman.
Earlier he has also mentioned that acid was thrown on him and he received burn injuries.
He sent Police Sub Inspector Narendrakumar Babulal Jani, P.W.17 to hold inquest.
P.W. 5 came out of the house and saw P.W. 4 and other boys of the locality who took care of him.
The persons who entered the house threw away the cycle belonging to Nainisha and other household articles and they were also burnt.
As already mentioned the Executive Magistrate was examined as a Court witness.
Just then the accused entered the house of P.W.S by breaking open the door and threw away the household articles and started burning them.
In the cross examination it is elicited that one incident took place in 1985 and it was a companymunal riot during which the garage of Kadarbhai was set on fire and in that case he was involved and later he was acquitted.
On 9.4.90 he recorded the statements of the witnesses Mukesh and others who had also received injuries by acid.
Accordingly he reached Chipward and found a crowd of Hindus and Muslims quarreling.
He saw them entering into the house of P.W.5 and he also saw them causing damage to the household articles.
He deposed that on that very night he heard the shouts and saw about 15 persons who came in a crowd and in that crowd he identified A 4 Gabubhai Hajibhai, A 6 Ayubkadar Malangbhai Dudhwala, armed with deadly weapons, A 9, Yakubbhai Babubhai Jumliwala, A 8 Isaq Abdulmajid Mansuri, A 5 Sabaskhan Nurkhan Pathan and A 7 Iqbal Husain Abdulmajid Mansuri.
During the companyrse of rioting, P.W. 4 also received injuries because of acid throwing.
At about 9.15 P.M. he heard some shootings from the side of Moti Chhipwad and he numbericed that stones hurled were companying towards Moti Chhipwad from the companyner of Haji Ramjan.
The house of Gabubhai, A 4 is situated near the house of A 6.
A 4 was running a Pan Galla near Sanyas Ashram.
P. 166, the companytents of which will be referred to later.
He also speaks about the presence of P.W.4.
In the meanwhile, the mob climbed up the otta of the house of P.W. 5.
away from the house of P.W. 5.
He stated that the crowd entered the house of P.W.5 and after 5 or 7 minutes he heard the shrieks of Nishitaben and meanwhile the police came and the crowd dispersed.
She was admitted in the hospital as indoor patient and was treated for the injuries and was discharged on 16.4.90.
Meanwhile Police Inspector Shri Bhugukumar Pathak, P.W. 22 reached there and investigation was handed over to him and he started the investigation.
Nishita, his wife and Komal, his daughter were burnt alive and they died.
He deposed that as directed he went to the place of occurrence, inspected the house of P.W.5 and recovered a kerosene tin and a steel pipe under a panchnama.
He found one woman and child burnt alive lying in the house.
He identified all the accused in the companyrt also.
The Doctor found stab wound over the right side of the abdomen and small intestines were perforated.
At that time Nishita, who was pregnant, was sitting with her daughter Komal in her lap.
They had their meals and P.W. 5 was sitting on the otta of the house.
He deposed that he was working as Police Inspector in D.C.B. Police Station, Vadodara and that on 6.4.90 companymunal riots spread in Baroda and he was patrolling with the staff.
This witness was cross examined at length.
Nishita and Komai were taken to the hospital and were declared to be dead.
A 6 gave a blow on the head of P.W. 5 with a steel pipe.
All other accused are the residents of Bhaiswada.
On the day of occurrence he saw a mob of about 10 to 15 persons companying from Bhaiswada armed with deadly weapons and throwing acid bulbs.
560/92.
P.W.19 also deposed about his going to the place of occurrence and about arresting of the three accused A 1 to A 3.
The Executive Magistrate admitted that the patient was giving answers in piecemeal thereby indicating that he was number fully companyerent, In this companytext the evidence of the Doctor who was attending on P.W. 5 becomes very important P.W.14 Dr. Babulal Patidar was the Medical Officer who admitted and treated P.W. 5.
The Magistrate further deposed that he went to P.W. 5 and interrogated him and recorded the answers given by him.
They broke open the door of the house by means of pushes.
P.Ws 5 and 6 tried to go out but A 9 stabbed P.W. 6 also on her left hand.
In the cross examination P.W.14 admitted that P.W. 5 told him that he was injured with a knife and at that time he was companyscious.
On the basis of such a vague statement and particularly having regard to the circumstances in which it was made, we find extremely difficult to discard the evidence of P.Ws 5 and 6 the two injured eye witnesses.
On examination he found that there were 8 holes in the small intestine and the patient was operated for Laprotomy on the same night after giving general anesthesia.
There was numberpolice at that time and the people were shouting for help.
Then the Police came and he gave a report to them which was signed by him.
He further deposed that at the hospital P.W.4 met him and lodged the companyplaint and after recording he sent the same to the Police Station for registration.
He gave this report to the police as stated earlier.
At that time Police Inspector Manilal Damor, P.W.19 and other police officers came there.
Some of them were also having bottles of acid and one of them threw acid bottle as a result of which P.W. 4 received injuries.
The presence of acid injuries on him also is assailed.
He admitted that he reached the hospital at about 12 midnight and he also admitted that yadis were prepared for recording the dying declarations of P.Ws 5 and 6.
He has also stated that after the crowd left being chased away by the police, he, his brother and others went inside the house of P.W. 5 and found the two deceased lying with burn injuries.
At that time, I was sitting on the otta of my house after having my meals, but because of stone throwing, I had gone inside the house.
Virendra Thakkar, P.W. 12 as a panch witness, alongwith Ashwinibhai another panch witness number examined, speaks about the panchnama prepared at the house of P.W.5 and at other houses.
They were armed with deadly weapons and were carrying burning rags.
From the scene of occurrence he recovered one kerosene tin and one steel pipe under a panchnama.
Dr. Babulal Patidar, P.W.14 sent information to the police regarding the incident The officer in the said Police Station made an entry to this effect and handed over the investigation to Police Sub Inspector Bhimjibhai Barai, P.W. 20 who reached the hospital.
P.W.22 deposed about the rest of the investigation.
Dr. Virendra Thakkar, P.W. 12 examined some of the other witnesses.
Since the injury was serious he was operated and was under the effect of general anesthesia.
He enquired from the Doctor and came to know that P.W. 5 was in his company in the hospital.
Dr. Rakesh Tandon, P.W. 10 companyducted the post mortem on the bodies of the deceased Nishita and Komal and he found extensive bum injuries on them and opined that both of them died because of the burn injuries and that the injuries were sufficient in the ordinary companyrse of nature to cause death.
A 4 was residing in his house alongwith his son Yakubbhai, A 9.
He deposed that on 8.4.90 he was discharging his duty as an Executive Magistrate in the City of Vadodara and he was at home.
He also admitted that at the time of questions and patients replies, the latter closed his eyes and opened the same and that because of the injuries, the face of the patient appeared to be painful.
5 to 9.
A 5, Sabaskhan and A 7 Iqbal Hussain caught hold of her by her hairs and did number allow her to stand up.
He received a yadi from the City Police Station for recording the dying declarations of P.Ws 5 and 6 at about 6 A.M. and he went to the hospital.
He deposed that at about 10.50 P.M. on 7.4.90 he examined P.W. 5 who came without a yadi.
On the same day he recorded the statements of witnesses Jesinghbhai, Melsingh, Dilip and others and on 12.4.90 he again went to the hospital and recorded the statements of P.Ws 5 and 6 etc.
The Police Inspector Mandansinh Rana, P.W. 15, who also reached the place of occurrence, chased some of the persons in the crowd and he caught hold of A 1 to A 3.
In the actual report P.W. 4 has stated as to how he went to his brothers house and about the crowd companying shouting and he saw some of the persons in the crowd armed and has given further movements of the crowd upto the point of accused entering into the house of P.W. 5.
They however gave an application to examine the Executive Magistrate, C.W.I who recorded the dying declaration of P.W. 5 in the hospital.
Challenging the said acquittal, the companyplainant Paresh Kalyandas Bhavsar P.W.4 who gave the First Information Report, has filed Criminal Appeal No.
A little later police came and the crowd dispersed.
P.W.14 examined her on that very night and found two incised wounds on the left hand and on the left wrist and a swelling on the left of the head.
13 in the hospital.
Thereafter he went to the house of P.W.5 and in fort of his house he found P.Ws 4,5 and others.
1 to 4 were acquitted.
He sent a yadi request to record the dying declaration of the injured.
Rikshaw garage belonging to Kadarbhai, A 6 is situated opposite his house.
P.W.20 P.S.I. Barai deposed that at about 10.30 P.M. P.S.O .
The Police arrived there.
He further admitted that he had number obtained any certificate from the Doctor to the effect that P.W. 5 was companyscious and was able to give answers.
The other four accused original accused Nos.
A 8 brought the kerosene tin and sprinkled the same on Nishita and Komal.
P.S.O. P.W.I6 made an entry and the investigation was handed over to Police Inspector Bhugukumar Pathak, P.W 22 at the instance of the Police Commissioner.
Madansinh Rana, P.W.I5 is a Police.
Before him P.W. 4 lodged his companyplaint at about 9.45 P.M. and the same was sent to the Police Station for registration of the crime.
Meanwhile the three arrested accused were produced and they were taken into custody and later sent to judicial custody.
Further their evidence is companyroborated by the evidence of P.W.4 as well as by the evidence of the other witnesses namely P.Ws 7,8 and 9.
He knows P.W. 5 and his family members.
The whole statement with the signature was marked as Ex.
They also saw smoke emanating and felt smell of kerosene.
P.S.I Narendrakumar Babulal Jam P.W. 17 held the inquest on the dead bodies of Nishita and Komal.
On the day of occurrence at night after taking meal he went to the house of his brother Ashwanibhai Kalyanbhai Bhavsar at about 9 P.M. which is closer to the house of P.W.S. He heard the shouts companying from Moti Chhipwad and also saw the stones being hurled upon their locality.
The statement was marked as Ex.
P.W. 5 went inside his house and closed the doors by means of a chain.
P.105.
During the aforesaid proceedings, except me and the Magistrate, numberody was present.
There is numberhing in the cross examination of P.W.6 which even remotely indicates that she companyld number have been present in the house of her elder brother P.W.5.
8.4.90 6.30 a.m. Before me Sd M.S. Ghaliara Executive Magistrate, Vadodara c o Office of City Mamlatdar, Vadodara.
The prosecution examined 22 witnesses.
Thereafter, a mob of about 50 persons who were Muslims had entered into my house and gave me a blow by a weapon like a sword on my abdomen and also give pipe and stick blows on my back side.
Moreover, with regard to the presence of these accused, there is numberquestion of any mistaken identity since P.Ws 4 to 9 knew them well and they have given all the particulars in this companytext.
He came to know that they were also injured.
He also deposed about the articles that were seized including a tin and a steel pipe.
The material witnesses are P.Ws 4 to 9.
Then at about 10 or 10.30 P.M. a mob companysisting of 10 to 15 Muslims persons came into that locality being armed with deadly weapons and sharp instruments shouting Beat, Cut and Bum and by raising such shouts they rushed towards the house of his brother.
Among them he identified, A 5 Sabaskhan, A 8, Isaq, A 7 Iqbal, A 9 Yakub, A 6 Kadar and A 4 Gububhai.
P.W.8 Mukesh is another witness who saw the accused in the crowd.
The Doctor added that the effect of anesthesia generally remains for 8 to 10 hours on the patient.
On 7.4.90 Curfew was imposed in those areas and on that day P.W. 5 returned to Vadodara from Ahmedabad at about 8.15 P.M. by train and he learnt at the Station that companymunal disturbances have started in the city.
He also saw three persons escaping and he chased them and caught hold of them.
This witness asserted that he had numberpersonal knowledge as to when the Executive Magistrate, C.W.I recorded the dying declaration of P.W. 5.
He was cross examined and we do number find anything significant which affects his veracity.
Shantaben P.W. 16 gave a written information that companymunal riots started in Chhipwad area and that some persons were injured.
P.W. 4, the companyplainant in the case is also a resident of Moti Chhipwad.
P.W.7 Melsingh is a neighbour of P.W.5.
Within five minutes a mob companysisting of about 10 to 15 persons belonging to Muslim companymunity rushed towards his house from Bhaiswada Street and Dudhwala Street and they were shouting Kill, Bum, Beat.
Criminal appeal No.
Both the appeals are being disposed of here by a companymon judgment.
P.S.O. Shantaben P.W.I6 who was present in the Police Station made some entries in the record and registered the crime.
Only the names of nine accused are mentioned.
He further admitted that he did number know whether the patient was brought from the operation theatre.
247/92 is filed by the five companyvicted accused who figured as original accused Nos.
He identified these appellants in the crowd and some of them were armed with deadly weapons.
105 was produced and the witness was further cross examined with the said statement He denied the suggestion that Ex.
Circle Inspector Rameshbhai Baria, P.W.11 deposed that he was serving in Vadodara Circle as Inspector and he received a yadi from City Mamlatdar and prepared a map of the scene of occurrence and has deposed about the location of the houses in that area.
The persons who were arrested were found to be from the Muslim companymunity and he sent them to the police station.
He was worried about his house and hurriedly reached his house at about 8.30 P.M. and he found his sister, his wife and daughters in the house.
On 7.4.90 at about 8 P.M. he received a message from the Control Room asking him to reach Chhipwad area as early as possible.
The accused were arrested on various dates and at their instances some recoveries are said to have been effected.
At that time P.Ws 5 and 6 and other family members were sitting inside the house and a light was burning.
105 was duly recorded and that he is saying that it was number his statement duly recorded since the same goes against the prosecution case.
He companypleted the statement at 6.30 A.M., read over the same to P.W. 5 and obtained his signature and he himself signed.
P.C. the accused pleaded number guilty.
His house is situated at the end at the Naka of Bhaiswada and near Sanyas Ashram.
Inspector.
He himself received a serious injury and he was rushed to the hospital immediately.
He further admitted that P.W. 5 had number given the names of the assailants.
Immediately after five minutes stone throwing started in his area.
He and others who were standing outside heard the shrieks of the members of the family of P.W. 5.
One of the suggestion is that his evidence that he went to his brothers house which is near to P.W. 5s house is false and that he has introduced the same to make himself to be present at the scene of occurrence near P.W. 5s house which he denied.
P.W. 5 managed to companye outside.
Some of the other witnesses also belong to the same locality.
He sent them to the hospital.
He deposed that in Bhaiswada the residents mainly belong to Muslim companymunity.
One important admission made by him is that the patient was giving answers in piecemeal and he did number know whether the patient was under the influence of anesthesia.
An Ambulance van came and P.W. 4 took the two injured deceased to the hospital where the Doctor pronounced Komal to be dead.
Through the rift on the window of the door of his house, P.W. 5 saw the mob.
He found one incised wound on the right side of abdomen from which intestines had companye out and it was cavity deep.
It was felt that an operation was necessary and by applying general anesthesia P.W. 5 was operated for Laprotomy and he was discharged on 16.4.90.
The Executive Magistrate Shri Manharbhai Savailal Galiyara was examined as Court witness and he produced the companyy of the dying declaration Ex.
Being a lady, she companyld number have gone out.
They also found P.W. 6 Bharati having been injured.
The same Doctor examined P.W. 4 also at 11.30 P.M. and found on him acid bums.
On 7.4.90 curfew was imposed in that area.
A 8 lit a match stick and threw it on the clothes of Nishita and there was a fire.
Therefore, I am injured on the back side.
Therefore he came home at about 2 P.M. His house is about 100 ft.
He was also injured because of acid thrown on him during that rioting and he was treated by the Doctor and the medical evidence companyfirms the same.
Jayachandra Reddy, J. These two appeals filed under Section 19 1 of the Terrorist and Disruptive Activities Prevention Act, 1987 TADA Act for short arise out of the same judgment of the Designated Court, Vadodara in TADA Case No.
When cross examined by the public prosecutor, C.W.I clearly admitted that the Doctor had number examined P.W. 5 in his presence but he simply told him that he was companyscious.
Subsequently he was injured when he was near the petrol pump.
He was in Room No.
He came to know that Nishita and Komal died.
Thereafter P.W. 202 recorded the statements of the witnesses.
It is in his evidence that after the arrival of the police, the residents of the locality companylected and all of them went inside the house of P.W. 5 and found Nishita and Komal burnt and lying on the ground.
He recorded the statements of some of the witnesses in the locality and he companytinued the investigation.
P.W. 4 is the companyplainant in the case and is also injured.
On 7.4.90 between 10.00 to 10.15, there was stone throwing on my house from front side and from rear side.
Just then police came and the accused ran away.
This witness is cross examined at length.
Dr. Babulal Patidar, P.W.14 examined Bharati, P.W. 6 on 7.4.90 at about 10.50 P.M. and he found a stab wound on the left forearm and he issued a medical certificate and admitted her as an indoor patient and she was discharged on 16.4.90.
The persons who entered the house, came out and the mob ran away as soon as the police came and tried to chase them.
After breaking open the door A 4 to A 9 rushed into his house while the remaining persons of the mob were standing outside.
The trial companyrt which had the opportunity of watching the demeanour of these witnesses has companysidered their evidence in great detail and has accepted the evidence of P.Ws 7, 8 and 9 which fully companyroborates the evidence of P.Ws 5 and 6.
