In addition to this, the appellant was companyvicted under Section 307, 225, 332 and 333 of the Indian Penal Code and was sentenced to suffer RI for various terms in addition to the payment of fine.
GTE 7461 came from Khambhalia side and dashed against the jeep of the Custom Officers.
During interrogation, Abbas Hasan Subhaniya, the tandel of the said ship, disclosed that Harun Jusab Bhaya A 8 and for that a team of Custom Inspectors along with three sepoys went to Khambhalia in a jeep which was driven by Chuni Lal Barad PW 46 .
As a result of this dash, the Custom Officers who were standing near the jeep fell down.
The case was then companymitted for trial to the Designated Court for the aforesaid offences.
The Custom Officers came to the office of Brother Brother Transport at Khambhalia where they spotted A 8 and informed him that he was being arrested in companynection with the smuggling of gold.
When A 8 was being taken to Jam Nagar in a jeep for further investigation, he became violent and tried to escape from the grip of the Custom Officers who, therefore, stopped the jeep near Shrijee Hotel with a view to tie him with a rope which they fetched from the nearby shop of Puncturwala.
A 8 then started running away but the Custom Officers chased and apprehended him.
The said truck immediately took a turn and again dashed against the jeep and in this process, A 8 companyld succeed in escaping himself from the clutches of the Custom Officers.
The FIR was lodged by P.N. Desai PW 1 within a few hours wherein the name of the appellant being the driver of the truck No.
The material on record also proves that the appellant was the associate of Harun Jusab Bhaya A 8 .
He then came back to the place of incident.
The Custom Inspector Mr. P.N. Desai PW 1 then took a lift on the motor cycle of Jadeja and reached the factory of Meera Tiles and gave telephone calls to the Customs Office and also informed the police station at Khambhalia about the incident.
The appellant then fled away.
When A 8 was being tied with a rope, according to the prosecution, suddenly a truck bearing Registration No.
He came to know the name of the appellant six months before this incident.
The FIR also made a mention of all details about the incident and it fully companyroborates the evidence of P.N. Desai PW 1 .
The evidence of P.N. Desai PW 1 finds companyroboration from that of Bharat Trivedi PW 3 who has also sustained minor injuries during the incident in question.
He was introduced by senior Custom Officers for preventive purpose.
When the truck came and dashed against them, they all fell down and the head of Mahindersinh was crushed.
Mr. Jacob PW 2 and Mahendrasinh Rayjada, a sepoy sustained the injuries.
The truck thereafter went ahead and dashed against the electric poll and thereafter it came in reverse.
P.N. Desai PW 1 in his evidence has stated that he has seen the appellant 4 to 5 times before the incident in the B B Transport Company.
However, in our companysidered view, the evidence of P.N. Desai PW 1 and Bharat Trivedi PW 3 is totally unblemish and credible one to establish the identity of the appellant being the driver of the said truck.
The identity of the appellant being the driver of the truck is fully established.
According to them, they have been falsely implicated in the present crime.
According to the prosecution, appellant who was the driver of the truck intentionally dashed his truck against the jeep whereby two person, namely, Mahindersinh Rayjada, a sepoy died on the sport and Somaji Thakor, another sepoy died in the hospital.
GTE 7461.
The prosecution in support of its case adduced the evidence of four eye witnesses, namely, Mr. P.N. Desai PW 1 , Jacob PW 2 , Bharat Trivedi PW 3 and Chuni Lal Barad PW 46 .
The appellant on the second time also brought the truck in speed after taking a turn and dashed against Somaji who sustained injuries and lateron died in the hospital.
In addition to these two unnatural deaths, P.N. Desai PW 1 and Jacob PW 2 were also injured in the same incident.
He asserted that he was standing at a distance of 60 to 70 feet when the truck dashed against Mahindersinh Rayjada.
Both of them were crushed to death because of the dash given by the truck bearing registration No.
The main companytention raised on behalf of the appellant is that there is numbersatisfactory material on record to establish the identity of the appellant being the driver of the truck bearing registration No.
He had seen the appellant driving the truck in a great speed.
The appellant and other seven accused persons denied the charges and claimed to be tried.
Seeing this incident, Somaji who was sitting in the jeep, got down and ran towards the road side.
The evidence relating to the Test Identification Parade was also produced at the trial.
At that time, the truck took a turn and came in speed and dashed against Somaji.
The learned trial judge, however did number accept the evidence of Jacob PW 2 and Chuni Lal PW 6 as dependable to prove the identity of the appellant being the driver of the said truck.
In the meantime, police officers reached the place of incident and thereafter the injured were removed to the hospital.
GTE 7461 was mentioned.
When the jeep was standing near Shrijee Parotha House, they were number aware that any truck was companying from behind.
The manner in which the incident took place leaves numbermanner of doubt that the appellant purposely and intentionally dashed against these Custom Officers wherein Mahindersinh was crushed to death.
A 8 then boarded another truck which was parked nearby and fled away.
At about 8.30 p.m., an FIR was lodged by Mr. P.N. Desai PW 1 in the police station.
In addition to the above evidence, the prosecution also placed reliance upon the medical evidence to prove the cause of deaths of Mahindersinh Rayjada and Somaji Thakor.
In view of these circumstance, we have numbermanner of doubt that the appellant has intentionally caused the deaths of Mahindersinh Rayjada and Somaji Thakor.
Briefly stated the prosecution case is as under On March 22, 1992, the Custom Officers intercepted a ship called Safina Al Burhani and upon search thereof recovered five belts of gold biscuits of foreign origin.
In order to establish the identity, the prosecution relied upon the evidence of four witnesses, namely, P.N. Desai PW 1 , Jacob PW 2 , Bharat Trivedi PW 3 and Chuni Lal Barad PW 46 .
P. KURDUKAR, J. This appeal under Section 19 of the Terrorists and Disruptive Activities Prevention Act, 1987 for short the TADA is filed by the appellant challenging the legality and companyrectness of the judgment and order of companyviction and sentence passed by the Designated Judge, Jam Nagar on June 19, 1996 for various offences punishable under Sections 302, 307, 225, 333 of the Indian Penal Code.
After companypleting the investigation, a charge sheet for offences punishable under Sections 147, 302/149, 307/149, 332, 333/149 of the Indian Penal Code as also under Section 3 a of the Demolition of Public Property Act and under Sections 3 and 4 of TADA came to be submitted in the Court of Judicial Magistrate Ist Class, Khambhalia against the appellant and seven other accused persons.
