After a few hours, Dr. Upadhyaya, Medical Officer In charge of the casualty ward numbericed that the companydition of Bhagwanji was deteriorating.
Dur ing the companyrse of investigation, Bhag wanji companyplained about pain in his chest whereupon Shermohmad Makrani directed Harishchandrasing Sajjansing Rathod to take Bhagwanji to the Irvin Hospital.
The first information report with regard to the companymission of murder of Rayab Nathu Sumera was laid at the B Division Police Station, Jamnagar, by one Abu Husssein.
the Irvin Hospital where he was admitted in the casualty ward at about 11 Oclock at night.
Bhagwanji ultimately died in the hospital at 2.15 A.M. On the information regarding the death of Bhag wanji being companyveyed to Shermohmad Makrani, the latter repaired to the hospital.
In companypliance with instructions of Shermohmad Makrani, Bhag wanji was taken to.
The incident resulting in the death of the said Rayab Nathu Sumera was alleged to have been witnessed by Bhag wanji son of Jesangji, a resident of Khodiyar Colony, Jamnagar.
Harishchandrasing Sajjansinh Rathod was also charged with the companymission of the offence under Section 193 of the Indian Penal Code.
Gambhirsinh Jivansinh Hanubha Kanaji, Lalji Hiraji and Joel Florian Gilbert were prosecuted and tried by the Sessions Judge, Rajkot for offences punishable under Sections 331, 304 Part II read with Section 149 of the Indian Penal Code or in the alternative with offences punishable under Sections 331 and 304 read with Section 34 of the Penal Code as also for offences punishable under Section 202 of the Penal Code read with Section 145 2 of the Bombay Police Act.
At the point of the meeting of the two jeeps, a talk took place between Harishchandra sing Sajjansinh Rathod and Joel Florian Gilbert whereafter with a view to extort information from Bhagwanji in relation to the aforesaid murder of Rayab Nathu Sumera, the six persons viz Harishchandrasing Sajjansinh Rathod, Chanduji Jethiji, Gambhirsinh Jivansinh, Hanubha Kanaji, Lalji Hiraji and Joel Florian Gilbert formed an unlawful assembly and inflicted a number of injuries on the person of Bhagwanji by means of fists, kicks and sticks knowing that the bodily injuries inflicted by them were likely to cause the death of Bhagwanji.
On the way, the jeep carrying Harish chandrasing Sajjansinh Rathod, his posse and Bhagwanji met the jeep carrying Joel Florian Gilbert who was returning from the scene of the offence of murder of Rayab Nathu Sumera.
Pursuant to the instructions given to them by Shermohmad Makrani, the appellants along with Gambhirsinh Jivansinh, Hanubha Kanaji and Lalji Hiraji, companystables went in a police jeep to the house of Bhag wanji and after making him sit in the jeep started off for the police station.
Thereupon he apprised Motising, companystable on duty at the hospital who jotted down the information given to him by the Doctor in the register called the Hospital Duty Register maintained by the Police Department and recorded the dying declaration of Bhagwanji in the companyrse of which he disclosed that he had been beaten by some policemen with fists, kicks and sticks.
Subsequently Shermohmad Mak rani reported the matter to the Deputy Superintendent of Police who instructed him to send for Hematsinh, the brother of Bhagwanji, deceased.
It is against this judgment and order that the present appeal is directed.
Accordingly Hematsinh was sent for on the following morning and on his arrival, his report recorded and crime case registered.
Jaswant Singh, J. This criminal appeal by certificate is directed against the judgment and order dated Dec. 6/7, 1972 of the High Court of Gujarat at Ahmedabad companyvicting the appellants under Section 202 of the Indian Penal Code and sentencing them to rigorous imprisonment for six months and a fine of Rupees 1,000/ , Shorn of details, the ease as put forth by the prosecution was one Rayab Nathu Sumera was murdered at Jam nagar on the evening of Oct. 20, 1970.
After companypletion of the investigation the appellants and four other persons viz.
On the basis of this information, a case Trader Section 302 of the Indian Penal Coda was registered at the said Police Station and investigation of the crime was entrusted to Shermohmad Makrani, Sub Inspector of Police, who deputed Harish chandrasing Sajjansinh Rathod, Probationary S. I. attached to the police sta tion and Chanduji Jethiji, Head Con stable attached to the police station but on the day of the incident on duty in Irvin Hospital, Jamnagar, appellants herein, as also Gambhirsinh Jivansinh an unarmed police companystable attached to A Division police station, Jamnagar city, to go to the house of the said Bhag wanji and bring him over to the police station for interrogation.
On arrival of the jeeps at the police station, Bhagwanji was taken before Shermohmad Makrani who interrogated him for about ten minutes.
