Accordingly, Shrikant was taken by the above three accused persons to Dr. Kamble who operated upon him.
I then informed Jagdish to take the injured to Dr. Kambles hospital.
Priti, wife of accused Jayawant Suryarao, and Shri Himmat Rawal ii companyfessional statement of Dr. Bansal and iii companyfessional statement of Jayawant Suryarao respectively.
He further told me that they tried to companytract a surgeon at Silvasa, but he was number available and they are bringing the injured to Surat for treatment and requested me to help them.
P.C. and, after hearing the parties, it passed orders for framing charges under Section 3 3 of TADA and 120B IPC against Kalani and under Section 3 4 of TADA and 212 I.P.C. against Dr. Desai.
Shri G.Thakur, Sub Inspector of police attached to V.P.Road Police Station, who was then on duty at the hospital returned the fire causing injuries to some of the miscreants including one Shrikant Rai Pradhan.
Assailing the above orders, the appellants have filed these appeals.
The gravamen of the charges to be framed against Kalani is that he hatched a criminal companyspiracy to murder Haldankar and thereby abetted the companymission of his murder.
To prove the above accusation and, for that matter, to substantiate the charges under Sections 3 4 of TADA and 212 I.P.C. to be framed against Dr. Desai, the prosecution intends to rely lupon the alleged companyfessional statement of Dr. Desai himself and three of the companyaccused, namely Dr. Kamble, Jagdish Chand and Hasmukh Bhai.
They however, insisted that Shrikant should be treated in a private hospital and all expenses thereof would be paid by them.
The above accusation is based on the following facts and circumstances i a meeting was held on September 2, 1992 in a holiday resort belonging to Kalani where the decision to kill Haldankar was taken ii soon after the murder, Kalani had a telephonic talk with one of the accused persons regarding the arrangement to be made to remove injured Shrikant Rai in his car and iii on September 13, 1992, Kalani threatened Jayawant Suryarao, one of the accused that in case he disclosed the removal of Shrikant Rai in his Kalanis car he and his family members would be liquidated.
Hospital, Surat, when Jagdish told me that those people wanted the injured to be treated in a private hospital and were willing to pay any charges for the treatment.
It is the further prosecution case that the incident was the outcome of a companyspiracy hatched by Dawood Ibrahim, a numberorious gangster, and his men to avenge the murder of his brother in law, Ibrahim Ismail Parkar, who was eliminated by the members of his rival gang led by Arun Gowli of which Haldankar was a member.
Over the incident, a case was registered on a report lodged by Shri Thakur and on companypletion of investigation, charge sheet was submitted by the police after obtaining requisite sanction under Section 20A 2 of TADA to prosecute the appellants and others.
Jagdish also told me that they were prepared for the worst.
According to the prosecution case, on that day at or about 3.45 P.M. a group of persons armed with automatic fire arms, such as pistols, AK 47 assault rifles, stormed into Ward No.
18 of the hospital and opened fire upon Shailesh Haldankar, who was an accused in Crime No.
The case arises out of an incident of rioting, murder and other companynate offences that took place on September 12, 1992 at J. Hospital, Bombay.
On that charge sheet companynizance was taken by the Designated Court and on companysideration of the documents referred to under Section 173 2 Cr.
Suresh Budharmal Kalani Puppu Kalani and Dr. Aken Kumar Gajendra Rai Desai, the appellants in these two appeals, figure as accused besides others in TADA Special Case No.
Jagdish informed me that Hasmukhs elder brother owns a from at Silvasa and he is also a building companytractor.
Dr. Kamble then informed me that he would intimate his staff at the hospital about the arrival of the injured and ask them to be ready.
I also came to know through Jagdish that the injured had an jinury over the abdomen.
For a while Dr. Kamble thought about it and asked me to send the patient to his hospital at Gopipura.
I also told Dr. Kamble that the patient was number before me and enquired whether he was ready to operate such a case.
At about 12 midnight on 12.9.92, I companytacted Dr. Kamble that the party was ready to pay any charges, as he thought fit, for the operation.
The relevant portion of the statement of Dr. Desai reads as under On 12.9.1992 at about II p.m. Jagdish along with one person, whom he introduced to me as Hasmukh Patel, Sarpanch of Dumas, called at my residence.
The prosecution alleges that knowing full well that it was a medicolegal case Dr. Desai entertained Shrikant and arranged for his operation by Dr. Kamble at his private hospital and thereby helped Shrikant to abscond after he recuperated.
K.Mumherjee.
Dr. Desai told them that the injured companyld number be admitted in a Government hospital as it was a medico legal case.
31 of 1993, pending before the Designated Court, Brihan Mumbai companystituted under The Terrorists and Disruptive Activities P Act, 1987 TADA for short .
The indiscriminate firing by the miscreants resulted in the death of Haldankar and two policemen on guard duty and injuries to five others.
542/92 of V.P.Road Police Station and admitted there due to injuries earlier sustained.
To prove the above facts and circumstances, the prosecution seeks to rely upon i the evidence of Smt.
J. Leave granted in both the petitions.
They told Dr. Desai that he Shrikant had sustained bullet injury in the stomach due to accidental firing from the licensed revolver of Shanti Lal.
Jagdish further informed me that on the same evening they had a party on the farm house, when accidently a shot was fired from the weapon and one of them was injured and he may require an operation.
Thereafter, Jagdish and Hasmukh went away.On perusal of the statements of the above mentioned two witnesses recorded under Section 161 Cr.
I suggested to them to get the injured admitted in Govt.
