On receiving the said information, he along with other police personnel, rushed to the place of incident, however, by that time the crowd had already dispersed.
The accused in both the cases filed Special Criminal Application No.
When they reached near Dhedhal village pond, the rickshaw and tractor were halted, his car was also stopped and he got down from the car and saw that 10 to 12 persons belonging to the Bharwad companymunity were assaulting his companysin Vadibhai Pakhabhai and Amubhai Pakhabhai with sticks.
They were also stopped and all the persons jumped on them and started assaulting and abusing them.
Mr. N. Pandya called the extra police force and went inside the village.
One person, namely Ajitbhai Prahladbhai, also died.
The Bharwads started beating passersby on vehicles, who had worn clothes like Koli Patels and causing injuries to them.
I 155 of 2008 would stand arrested in companynection with case C.R. No.
At that time, Jayantibhai Laljibhai Patel of their village and Matambhai Vadibhai Patel came on a motor cycle.
In the first incident as per the said FIR the place of occurrence had been village Dhedhal near the pond.
I 154/2008 and C.R. No.
Statements of injured witnesses, who were admitted in Long Life Hospital, namely Dashratbhai Popatbhai Patel PW.26 , Hemubhai Babubhai Patel PW.12 , Jayantibhai Laljibhai PW.14 , Vadibhai Pakhabhai PW.27 were recorded on 10.07.2008.
He saw Ganesh Jaksi of the Bharwad companymunity of Dhedhal village having tamancha like weapon in his hand and instigating the other persons to indulge in violence.
No person was named in the said FIR.
The report of the autopsy revealed a large number of injuries inflicted on the deceased persons.
On 9.7.2008, the inquest panchnama was carried out and three dead bodies were sent for post mortem.
I 154/2008.
He also saw Sanjay Chela Bharwad, Dhiru Matam Bharwad, Sura Raiji Bharwad of Dhedhal intercepting people going on the road and Karshan Chako Bharwad, Moman Natha Bharwad, Kalu Sedhu Bharwad, Kalu Hari Bharwad, Chinu Bhikhu Bharwad assaulting Vadibhai Pakhabhai and Amubhai as well as the chhakda rickshaw wala saying that the road was number for them and thus, they should number pass through it.
Immediately, he companytacted the Control Room, as well as the Deputy Superintendent of Police of Dholka, for further police support and rushed to the spot where he found about 2000 3000 persons from both the companymunities, all with sticks, dhariyas, swords etc.,
In fact, it was the police who summoned the ambulances which took the injured persons to hospitals.
Statements of injured witness Matambhai Vadibhai PW.18 were recorded on 10.7.2008 and 21.7.2008.
He saw that Surabhai Raijibhai Bharwad had inflicted stick blows on Manubhai due to which he was injured and became unconscious.
Twenty two persons were arrested.
The companyplainant and Manubhai went to rescue Vadibhai.
I 154/2008 registered with Bavla Police Station by an independent agency like the CBI, Special Criminal Application No.
Three applications being Criminal Misc.
These appeals and other companynected appeals have been preferred against the judgment and order dated 22.12.2009 of the High Court of Gujarat at Ahmedabad, passed in Special Criminal Application Nos.
Hence, these appeals.
1679/2008 for quashing of C.R. No.
The Bharwads assaulted and killed Manubhai Koli Patel and Ajitbhai Prahladbhai Koli Patel by assaulting them with deadly weapons like revolver, dhariyas and sticks and also caused serious injuries to Babubhai Popatbhai Koli Patel, informant companyplainant on his head and hand.
They were also assaulting the chhakda rickshaw walas.
1675/2008 praying for investigation of CR No.
I 154/2008 as it stood earlier prior to the deletion of Section 302 IPC with a further clarification that quashing of the FIR registered by Bavla Police Station i.e. C.R.No.
When the mob beat up Manubhai, at that time, other Bharwads from Dhedhal village had also arrived.
told the Koli Patels number to take passengers from there and they took away the keys of the jeep, beat up the Koli Patel boys, abused and threatened them and told them number to bring jeeps and rickshaws to Dhedhal Chokdi.
They also caused minor and major injuries to other persons.
I 155/2008 registered with Bavla Police Station.
The Bharwad companymunity had been preventing the Koli Patels from running their rickshaws in the said area.
Babubhai Popatbhai Koli Patel, companyplainant reached Dhedhal Chokdi and met Budhabhai Laljibhai Koli Patel of his village and his brother Jayantibhai Laljibhai and enquired about the incident.
The companyrt transferred the investigation to the State CID Crime Branch and directed the new Investigating Officer to investigate the Bavla Police Station R.No.
Several rounds of firing were resorted to in order to disperse the mob.
On companypletion of investigation, the charge sheet was filed on 10.10.2008 against 12 accused persons and the case was companymitted to Sessions Court.
The Bharwads made calls on mobile phones to call other Bharwads.
The informant companyplainant stated that Kantibhai Ratanbhai Bharwad and other persons standing nearby told them to stop and threats were made by the Bharwads.
I 155/2008 and clubbed the investigation of the FIR along with the investigation of the other FIR bearing CR No.
As per this FIR, an incident occurred on 7.7.2008 in the evening at about 6.30 p.m. His companysin Jayantibhai Gordhanbhai told him that when Budhabhai of their village and two rickshaw walas were taking passengers at Dhedhal Chokdi, the Bharwads of Dhedhal village who were also plying rickshaws, chhakdas etc.
Ahmedabad, Gujarat.
I 155 of 2008 companyld number mean that accused in respect of the said FIR has been discharged of the offences as they would face the charges in C.R. No.
In the incident, more than 20 persons were injured and three houses of members of the Bharwad companymunity were set on fire.
Application Nos.
I 154/2008, was registered at 1730 hours in the Bavla Police Station under Sections 147, 148, 149, 302, 307, 332, 333, 436 and 427 of the Indian Penal Code, 1860 hereinafter called as IPC read with Section 135 of the Bombay Police Act, 1951 for short BP Act and Sections 3, 7 of Prevention of Damages of Public Property Act, 1984 for short 1984 Act for an incident which occurred at Village Dhedhal, wherein Mr. M.N. Pandya, Sub Inspector of Police, Bavla Police Station has stated that while he was patrolling in Bavla Town, he received a message from H.C. Kanaiyalal, Police Station Officer, at 10.00 a.m. that some altercation incident had taken place between the two companymunities at Dhedhal Cross Roads.
C.R.No.
Several police personnel were also injured.
On the date of the incident, when the informant was companying towards Dhedhal village from Vasna, his companysin Vadibhai Pakhabhais tractor and one chhakda rickshaw were passing through the road.
I 154/2008 to the extent it was feasible.
They companyplained about browbeating and threatening by the Bharwads as the Bharwads wanted that numberone else should bring jeeps and chhakdas to Dhedhal Chokdi.
I 154/2008 and the accused who stood arrested in companynection with C.R.No.
By judgment and final order dated 22.12.2009, the High Court quashed the FIR registered as CR No.
The case of the prosecution is that when the police reached the place of occurrence of the first incident, the mob had already dispersed, companyld number be companyrect for the reason that some of the witnesses have stated that the clash was going on when the police arrived and police resorted to force to disperse the mob.
On the next day, i.e. on 8.7.2008, case No.
attacking each other.
In the pond, the damaged tractor, motor cycle and chhakda were found.
The police resorted to teargas shells as well as to lathi charges to disperse the crowd.
Thereafter, he received information that a clash was going on between the said two companymunities in Dhedhal village.
Some persons had been locked inside their houses and they had also put their houses at fire.
