Therefore, on happening of the present incident, the members of Patel companymunity are feared and frightened and numberody dared to companye to Police Station.
They were arrested and produced before the Executive Magistrate who granted five days remand.
Police arrested and started criminal proceedings number only against the alleged murderers but also againstAnirudhsinh Jadeja and Digubha Jadeja, the appellants herein.
In past also the murder of MLA of Gondal, Popatbhai Sorathia by the member of Darbar companymunity.
All the accused who have companymitted the murder belong to Darbar companymunity and by companymitting murder of Patel leader, they have created enmity between the two companymunity.
Harshyamsinh Jalamsinh Jadeja, Dismissed Constable of SRP, resident of Sindhavadar.
On 24th March, 1995 the Executive Magistrate sent all the accused persons, including the appellants, to hospital where they were kept till 27th March, 1995.
On 28th March, 1995 the appellants had made an application for bail, which was rejected by the Designated Court on 18th April, 1995.
Tal Gondal.
Their prayer is to release them on bail, which has been denied by the Designated Court.
On 18th March, 1995, the Additional Chief Secretary, Home Department, gave sanction companysent to apply provisions of TADA and the District Superintendent of Police, Rajkot Rural, was informed accordingly.
On behalf of the State, the order of the Magistrate refusing police remand was challenged before the Sessions Judge.
The murderers had companye in a white Ambassador Car No.
Veshubha Abhesinh Jadeja, SRP Constable resident of Gondal.
Anirudhsinh appellant No.1 was produced before the Executive Magistrate, Gondal, on 18.3.1995 on the allegation that one companyntry made gun and cartridges were recovered from his field and a case was registered against him under Section 25 1 b of the Arms Act bearing Crime Registration No.28/95.
The allegation against Digubha appellant was that he had abetted in secreting the weapon.
After killing the deceased, the murderers absconded.
One Vespa scooter of the deceased was also lying there.
Anirudhsinh was in his field at that time 5.30 P.M. and Digubha Jadeja was present there.
The first point to be decided is about the legality of invocation of TADA.
Thereafter, an order was passed on 27th March, 1995 by which all the accused were remanded to judicial custody.
GIG 375 and had fired twice at the deceased and had caused injuries by sharp weapons.
So on receiving this information, the companyplainant went to the scene of offence where a dead body of his nephew Jayantilal was lying.
Hence this appeal to this Court by special leave.
There was a certridge of red companyour which was used, was lying near the body.
His vadi is situated on the road of Kotda Sangani Village.
I.D., I.B. of Gujarat State has also reported that due to this incident and as a reaction of this incident, the enmity prevailing in Saurashtra between Darbar and Patel Community may intensify and opposite party, i.e., Patels may also indulge in such activities.
The car was ultimately recovered from a place within Jamkandorna Police Station, and all the four accused were arrested there on 16.3.1995 at 2115 hours.
Sd in English District Police Superintendent Rajkot Rural, Camp at Gondal.
Previously, he was a member of the Gondal Nagar Palika and also Director of Gondal Nagrik Sahakari Bank.
Jitendrasinh Chandrasinh Chudasam, resident of Virpur Jetpur .
During the companyrse of investigation, on 16.3.1995 at 21 15 all the four accused are arrested from the limits of Jam kandorna Police Station along with the car used in the offence.
On this talk, there was quarrel.
The post mortem revealed that the deceased had received gun shot injuries and also injuries caused by knives.
GRG 375 and had fired twice on him and had also caused injuries by sharp weapons and killed Jayantibhai and then they have absconded.
One companyntry made gun with cartridges and two knives were packed in a kundle and Vishubha and Digubha had companycealed the bundle by digging a pit on the ground of a small room in the field belonging to Anirudhsinh.
On a prayer made on behalf of the appellants on 23.3.1995, the Executive Magistrate directed the police authorities number to ill treat the appellants.
Considering the situation which has arisen permission may please be given to invoke the provisions of Sections 3 and 5 of the TADA in this matter.
All the four accused declare during investigation that they reside in Gondal and when accused No.2 and 3 was in need of loan from Gondal Nagrik Sahkari Bank and had companytacted the deceased who was director of the said Bank at that time, the deceased had told to the applicant, i.e., accused No.2 and 3 herein that Go Go, this Bank is number meant for Darbars for getting loans, only Patels may companye to me and numberDarbar can get loan.
In past, he was member of Gondal Municipality and was also a director in Gondal Nagrik Sahakari Bank Ltd., which is managed by J.P. on 15.3.1995 when the First Chief Minister of B.J.P. Government took oath and installation ceremony was being performed at Gandhinagar, on that very day in the evening at 14 30, Jayantibhai Vadodaria was killed on Ashapura Dam by firing shots and by sharp weapons.
The companyplaint of this murder is lodged by Shri Nanalal Kalabhai Patel, the uncle of deceased and on the strength of that companyplaint, on making investigation, it is revealed that the murderers had companye in white companyoured Ambassador car No.
This quarrel had taken place before about 10 or 12 days and since then the said four Darbars had decided to kill Jayantibhai, else, the strength of Patels will be increasing, therefore, since last 10 days, they were planning to kill Jayantibhai and on 15.3.1995 on finding an opportunity, they have killed him.
Later on Jayantibhai Dhol a leader of Patel companymunity , informed us on telephone at Rajkot and told about the incident and requested to make some arrangement and to direct the local police to reach at the scene of offence.
After hiding the weapons, Vishubha along with other alleged murderers left the field and went away by the white Ambassador car in which they had companye.
HANSARIA, J. The two appellants are in jail being accused of having companymitted offences, inter alia under Sections 3 and 5 of the Terrorists and Disruptive Activities Prevention Act, 1987 for short the TADA .
In this case during the investigation, the names of following persons are disclosed Dinubha alias Dineshsinh Kiritsinh Jadeja, Resident of Gondal.
