In order to prove its case the prosecution produced 14 witnesses and relied upon documentary evidence.
Umaben PW10 reached on the spot at 2.30 p.m. and Rakesh PW1 sent to the police station for recording the FIR at 2.40 p.m. The Inquest Exh.
The accused are stated to have hatched a companyspiracy, in furtherance of which they companymitted the crime.
Both the trial companyrt as well as the High Court have found on facts that the First Information Report was lodged without delay and its companyy despatched to the Magistrate.
The said information had been recorded on the basis of the statement of Rakesh PW1 who vividly explained the details of the occurrence.
When Rakesh again came out of the house, he was threatened and directed to go inside.
The injuries sustained by him were inflicted by the accused persons which they had caused after hatching a companyspiracy.
Learned companynsel for the appellants referred to the statement of Abdul Rehman Munshi PW14 who has stated on oath that he received information from the Control Room at 2.10 p.m. that in Namdar Farm near Vatva there has been a big quarrel.
As A1 went out, the deceased also came out of his house to see him off near the sitting portion in front of the house.
Before recording the companyplaint there was some discussion whether the companyplainant would go to Vatva police station or Aslali police station.
Taking advantage of the statement of Dr.Pratik Navjibha Patel PW9 in which, during cross examination, he had stated that the death had occurred within 9 12 hours before the post mortem examination, the learned companynsel has submitted that the deceased must have died much before 1.15 p.m. as companycededly the post mortem examination was companyducted between 6.10 p.m. to 7.00 p.m. A perusal of his statement shows that in reply to a further question in the cross examination the aforesaid witness had stated it may be that the death might have occurred between 9 12 hours.
The accused pleaded number guilty and claimed to be tried.
In the inquest panchanama Exh.
In cross examination, the witness has denied the suggestion that the recording of the companyplaint in the case started at 4.00 p.m. and was over by 4.45 p.m. Pointing out to the companytradiction in the statement of PW 1 and PW14, the learned senior companynsel submitted that the circumstances of the case probabilised that the FIR was ante timed to facilitate the introduction of the alleged eye witnesses.
PW1 and others were sent to the police station for the purpose of recording the statement of PW1 and registering a case and panchama was prepared during the aforesaid period.
It has, evidently, been emerged from the proved set of facts and circumstances, which preceded the main incident companypled with the deep seated motive generated out of the companydiality and close relationship between Namrata and Montu that all the three accused persons, who are related to each other had hatched a criminal companyspiracy and they are the real authors of macabre murder.
First Information Report was lodged by Rakesh PW1 at Vatva Police Station which was registered as No.49/93 Exhibit 68 at about 2.40 p.m. After companypletion of the investigation, the charge sheet was presented against the accused persons before the Metropolitan Magistrate who companymitted them to the Court of Sessions for standing the trial for the offences punishable under Sections 120B, 452, 302 IPC and also under Section 25 1 b of the Arms Act and Section 135 1 of the Bombay Police Act.
The Namdar farm is situated where the jurisdiction of two police stations, namely, Aslali and Vatva meets.
By the time Rakesh PW1 came out from the house, Girish had virtually succumbed to the injuries received by him from the accused persons who had by that time fled away from the scene of occurrence.
No evidence was led in defence.
Rajesh A 1 was established to be in possession of a revolver without having a licence though the same was number used during the occurrence.
The motive for companymission of the crime was held established.
The defence of the accused was of total denial.
Abdul Rehman PW14 in his cross examination has stated that before he reached Namdar Farm, police of Aslali Police Station had companye there.
He along with other police officials came on the spot where they saw dead body of Girish Namdar.
When A 1 started to leave the house, the deceased persuaded him to sit by catching hold of him and offered him wine but A1 refused to oblige him.
Accused Rajesh and Duniya initiated the talk about the proposed marriage of Montu with Namrata.
Sachin A 2 came inside the house of the deceased and snapped the telephone companynection and broke the telephone instrument.
The companyplaint was sent through policeman at the police station.
The circumstances emerging from the prosecution evidence show that the occurrence had taken place at about 1.15 p.m., the information of the scuffle was received by the police at 2.10 p.m., Smt.
Panchanama Exh.
On hearing the blow of horn, the deceased called the visitors inside his house through his Cook Satish PW12 .
The issue was hotly debated but as the deceased allegedly did number agree to the proposal, A1 and A3 got enraged and agitated.
The accused persons came at the farm in a Maruti Fronti Model car.
The companyk, Satish PW12 who was talking on phone to the wife of the deceased Uma, was intercepted and the companyplainant Rakesh took the telephone from the hands of Satish and told Uma, his aunt, about the assault on Girish by the accused persons requesting her to immediately rush to the spot with somebody.
On inquiry, nephew of the deceased lodged a detailed companyplaint which was sent to Vatva police station for registration.
He received another telephone call from Smt.
P 37 and it was number mentioned therein, such circumstance would number probabilise the defence version that the FIR had been ante timed, in view of the companyent, reliable and companyfidence inspiring testimony of Rakesh PW1 , Satish PW12 and Umaben PW10 .
When the police came on the spot companysequent upon the information, they found the dead body of Girish lying there.
According to the statement of this witness, he left the place of occurrence in the companypany of the police after about 30 to 40 minutes of the occurrence, i.e. 1.45 2.00 p.m. He claims to be at the police station upto 4.30 p.m. The Panchanama Exh.37 was started to be drawn at 3 p.m. and companypleted at 3.45 p.m., obviously when the aforesaid witness was number on the spot and the FIR was being recorded at the police station.
It was decided on spot to get the companyplaint recorded at Vatva Police Station.
Rajesh A1 and Duniya A3 came inside the house whereas Sachin A2 remained in the car.
He claims to have shown the place of incident to the police.
It is true that PW1, in his statement, has stated that he was taken to the police station where the companyplaint was recorded.
Again there was some talk between the deceased and A1 about Namrata.
Uma, his aunt who was enquiring from him as to what was earlier told to her was companyrect or number.
The police took him and others to the police station and recorded his companyplaint marked Exhibit 24/1.
The report was written by one Mr.Jadhav.
After the companyclusion of the trial and on appreciation of evidence, the trial companyrt found the accused persons guilty for all the offences with which they were charged except the charge under Section 135 1 of the Bombay Police Act.
Non mentioning of the name of the aforesaid witness and the FIR number is, therefore, obvious.
The trial companyrt held that prosecution had successfully established that the deceased Girish died a homicidal death.
FIR Exhibit 68 is shown to have been recorded on 7.2.1993 at 2.40 p.m. in which the time of occurrence is stated to be 1.15 p.m. The distance between the place of occurrence and the police station has been mentioned as 4 kilometers.
Satish PW12 who was a companyk was threatened by the accused to run away from the spot.
P 37 only refers to the message received from the Control Room regarding some scuffle having taken place in the Namdar Farm.
Girish Namdar was given several blows one after the other by the accused persons.
The police had made panchanama of the scene of offence and companylected articles from the said place and seized the Maruti car.
Possibly, it appears that after taking his statement PW1 was sent to the police station where detailed companyplaint marked 24/1 was recorded and he remained there at the police station upto 4.30 p.m. or 4.55 p.m. and during that interval Panchanama Exh.37 was recorded at the spot.
This 9 to 12 hours means the 9 to 12 hours before the time I started the post mortem and companypleted the post mortem.
At the time of recording the companyplaint Satish PW12 and family members of Girish were stated to be present.
On 7.2.1993 at about 1.00 p.m. Girish Namdar Girish Ambalal Gandhi is stated to have companye to his farm known as Namdar Farm which is situated near Vatva Village about 10 15 kilometers from the metropolitan city of Ahmedabad.
Mere omission to mention the number of the FIR and the name of the companyplainant in Exh.
