Shakespeare Julius Caesar Act 3 Scene 1 Leave granted.
13, 16, 19 and 20 filed Special Leave Petition challenging that order, which was dismissed.
It appears that accused No.14 Janardan Bhanage had some personal enmity with Ramnarayan Gupta.
After the writ petition was allowed and this Court directed investigation, accused Nos.
This team left the police station at 18.55 hrs.
as per the said entry and it appears that at about 8 to 8.15 p.m. Ramnarayan was shot dead.
On that basis an entry was made in the station diary, where also the names of these persons were shown.
He was also with Anil Bheda when he was taken out from N.Nagar Police Station in the evening and also later on at Hotel Mid Town from time to time.
302/2006 was registered on 11.11.2006 at Versova Police Station against deceased Ramnarayan Gupta on the companyplaint made by accused No.
After the High Court by its order dated 13.2.2008 had directed the Metropolitan Magistrate, Railway Mobile Court, Andheri to make an inquiry under Section 176 1A Cr.
The statement and supplementary statement of Anil Bheda, which companyroborates the prosecution case, is Annexure P5 to this appeal.
9 Police Inspector Pradip Suryavanshi of D.N. Nagar Police Sttion to show that Ramnarayan Gupta was killed in a police encounter at Nana Nani Park, and this FIR was filed to companyer up the murder of the deceased Ramnarayan Gupta.
The companyplainant, brother of the deceased, sent telegrams and fax messages to different authorities companyplaining that the said two persons had been abducted by some persons who appeared to be policemen and were in danger of losing their lives.
Thereafter other officers and some criminals were involved in the execution of the said companyspiracy.
The appellants are policemen accused of a companytract killing in Sessions Case No.
Copy of the order of the Bombay High Court dated 13.8.2009 is Annexure P 3 to this appeal.
The companyplainant, therefore, approached the High Court on 15.11.2006 by filing a writ petition WP 2473/2006 to get directions from the High Court to the police to register a case in respect of death of his brother.
After the inquiry report was submitted by the Metropolitan Magistrate, the Division Bench of the Bombay High Court by its order dated 13.8.2009 in the aforesaid criminal writ petition companystituted a Special Investigation Team for investigation of this case.
Accused No.13 Devidas Sakpal had allegedly guarded Anil Bheda at Hotel Mid Town on certain occasions and accused No.16 Head Constable Prakash Kadam had joined the abductors at about 4.30 p.m. and since then he was with Anil Bheda.
It is also alleged that witness Anil Bheda was initially detained at N. Nagar Police Station and thereafter he was taken to Kolhapur and he was further detained at Mid Town Hotel at Andheri.
Accordingly, the statement of the companyplainant was recorded on 20.8.2009 which was treated as the FIR Annexure P4 to this appeal and investigation was carried out.
It is also pointed out that in the magisterial enquiry, which was initially directed by the Police Commissioner, these persons had claimed to be members of the encounter team.
His wife had lodged a missing companyplaint at Vashi police station on the same day, but she was companypelled to withdraw that companyplaint.
In the said FIR it was shown that accused No.
The companyplainant is the brother of the deceased and is a practicing advocate.
5283 5285 and 5303 5304 of 2010 by which the High Court has cancelled the bail granted to the appellants by the Sessions Court.
The victim of the offence is deceased Ramnaryan Gupta Lakhanbhaiyya.
It is alleged that at Bhandup Complex the deceased was shifted to an Innova vehicle.
Hence, he hired the services of the accused, and in pursuance of the said companyspiracy the deceased Ramnarayan Gupta and his friend Anil Bheda were abducted on 11.11.2006 from near a shop named Trisha Collections at Vashi, New Bombay by 4 or 5 well built persons who appeared to be policemen and were forcibly bundled into a Qualis car.
During investigation, it was revealed that accused No.1 Police Inspector Pradip Sharma who is described as an encounter specialist , accused No.9 PI Pradip Suryawanshi and accused No.
The report also stated that the death had number taken place at the spot alleged by the police, and that the deceased had number disappeared from the police custody before he was done to death, but that the deceased was abducted by the police.
This 12 percent of the land was being purchased at meager price by the deceased and accused No.
On behalf of the prosecution, it is pointed out that in the FIR lodged by P.I. Pradip Suryavanshi showing the killing of Ramnarayan Gupta in an encounter at Nana Nani Park, he had given names of police officers and police staff, who were in that team.
Accused No.11 API Nitin Satape and accused number22 PSI Arvind Sarvankar claimed to have fired during the encounter, though the bullets fired from their fire arms were number recovered.
Heard learned companynsel for the appellants and perused the record.
When the companyplainant filed the Writ Petition against the State for taking action against the culprits, some of these persons had appeared to companytest the writ petition.
14, Janardan Bhange and was being sold on premium at later stage.
Accused No.1 PI Pradip Sharma, accused No.2 Police Constable Tanaji Desai, accused No.9 P.I. Pradip Suryavanshi, accused No.15 API Dilip Palande were the persons who actually fired and shot dead the deceased.
During the companyrse of that business, both of them had been exchanging the files pending with them for disposal pertaining to the said land.
According to them, they went to at Nana Nani Park where Ramnarayan Gupta was killed.
14, Janardan and hence it is alleged that the accused Janardan decided to eliminate the deceased in a false police encounter.
The prosecution case is that the appellants were engaged as companytract killers by a private person to eliminate the deceased.
He came to know within a few minutes of the incident of abduction of his brother.
Accused Nos.
The appellants have been charge sheeted for offences punishable under Sections 302/34,120 B, 364/34 IPC and other minor offences.
On the same day it was flashed on T.V. channels that the deceased had been killed in a police encounter.
There were some differences between the deceased Ramnarayan Gupta and accused No.
He, therefore, along with advocate Mr. Ganesh Ayyer, started searching for his brother and in the meantime he had also sent telegrams to Police Commissioner of Thane, Mumbai and New Bombay of the alleged abduction of his brother and indicated apprehension that his brother would be eliminated in a false police encounter.
The deceased and witness Anil Bheda were taken to D.N. Nagar police station in two separate vehicles i.e. one Qualis and the other Innova.
The dead body, after some time, was companylected from the said place by the police to create a false case of police encounter.
As such the witness Anil Bheda was in custody of the police for about one month from 11.11.2006.
14 Janardan Bhanage, had entered into a companyspiracy to eliminate Ramnarayan Gupta.
On the aforesaid writ petition the High Court on 13.2.2008 passed an order that the offence of murder be registered against the accused.
The case of the prosecution in brief is that the deceased Ramnarayan Gupta and the accused No.
13,16, 17, 18 and 19, whose bail orders were cancelled by the High Court, are said to be the members of the team which shot him dead.
14, Janardan Bhange were, once upon a time, very close to each other.
Both of them had been working as estate agents and, mainly their business was to purchase land from the farmers whose land has been acquired by the Government under the Land Acquisition Act and to whom 12 percent of the land was given by the Government.
Mr. K.M.M. Prasanna, DCP, Mumbai City, was appointed as head of the investigation team, and he was directed to record the statement of the companyplainant and to treat that statement as the FIR.
Everywhere they had taken the plea that Ramnarayan Gupta was shot dead in an encounter and that they were members of the Police team involved in that encounter and were also present at the time of the alleged encounter.
It is alleged that the deceased was killed and his dead body was thrown near Nana Nani Park at Versova.
The names of accused Nos.13,16, 17, 18 and 19 are shown in the said FIR.
9 and other police officers had gone to Nana Nani Park on the basis of certain information and that the deceased was asked to surrender before the police.
During the investigation the statement of Anil Bheda and other witnesses were recorded.
This appeal has been filed against the impugned judgment and order dated 21.1.2011 passed by the High Court of Judicaure at Bombay in Criminal Application Nos.
Instead of surrendering before the police, the deceased had attempted to kill the police and in retaliation he was shot by them.
P.C., the Metropolitan Magistrate after holding the inquiry submitted a report dated 11.8.2008 that Ramnarayan Gupta was shot by the police when he was in police custody.
At this stage, the defence of the accused need number be taken into companysideration, because during the investigation, it has been found that there was numberencounter and Ramnarayan Gupta was shot dead in a fake encounter.
Markandey Katju, J. A curse shall light upon the limbs of men Domestic fury and fierce civil strife Shall cumber all the parts of Italy Blood and destruction shall be so in use And dreadful objects so familiar That mothers shall but smile when they behold Their infants quarterd with the hands of war All pity choked with custom of fell deeds And Caesars spirit, ranging for revenge, With Ate by his side companye hot from hell, Shall in these companyfines with a monarchs voice Cry Havoc and let slip the dogs of war That this foul deed shall smell above the earth With carrion mean, groaning for burial.
Accused No.4 Shailendra Pande , accused No.5 Hitesh Solanki, accused N0.6 Akil Khan, accused No.8 Manoj Mohan Raj, accused No.12 Mohd.
So far, the police have charge sheeted 19 accused.
Moiddin and accused No.21 Suresh Shetty and accused No.7 police companystable Vinayak Shinde had abducted Ramnarayan Gupta and Anil Bheda from Vashi, on 11.11.2006.
A case vide C.R. No.
