8 and 9.
Then these injured were taken to Cottage Silvassa where the statement of Kumar P.W.11 came to be recorded as FIR vide Exh.54.
1 to 9 on 23 10 1999 in the Court of Chief Judicial Magistrate, Silvassa.
8 and 9 in October, 1999.
As the companyplainant Kumar Shanmugam was number found there, they assaulted the other employees present there.
The spot panchanama was recorded at about 3.45 P.M. on the same day only and some places of wooden handle of Tikam lying on the spot namely Article Nos.
After declaration of the said election results, there were incidents of violence and shop premises of Shiv Sena workers were destroyed by the workers of Mohan Delkar.
Prosecution version as unfolded during trial is as follows One Mohan Delkar had companytested the election for the post of M.P. on behalf of B.J.P. On 6/3/1998, while one Uttam Patel companytested the said election on behalf of Shiv Sena in Dadra and Nagar Haveli Constituency.
Aggrieved by the order of learned Sessions Judge, the appellant filed an appeal before the High Court challenging the acquittal of Accused Nos.On the fateful day i.e. on 7/6/1998 at about 10.15 a.m., 10 to 12 persons came in two rickshaws and entered in the hotel of Kumar Shanmugam after breaking the glass of windows.
Virendra Choudhary who was unconscious since beginning was then taken to civil hospital, Surat.
However, he succumbed to the injuries and reported dead on 8.6.1998.
The companyplainant Kumar Shanmugam P.W.11 simultaneously companytacted Control Room for help.
After recording the evidence of 3 to 4 witnesses during the companyrse of trial, a Writ Petition was filed on behalf of the companyplainant to transfer the venue of trial to Mumbai apprehending danger to the life of the witnesses.
The companyplainant Shanmugam was inside the kitchen while the hotel manager Virendra Choudhary was sitting on the companynter and other employees namely Vasu Pillai P.W.12 and Kumar Ganpati P.W.15 were in the main hall.
The Chief Judicial Magistrate in turn companymitted the case for trial to Court of Sessions.
Accused Nos.
Then he arrested the accused Nos.
The High Court vide its order dated 16/9/1998 transferred the investigation of the case to C.B.I. In pursuance of the directions, Dy.
54 offence came to be registered under Cr.
Nine persons faced trial for alleged companymission of offences punishable under Sections 120B, 143, 147, 148, 302, 307, 323, 324, 427, 506 II read with Section 149 of Indian Penal Code, 1860 in short the IPC .
Some of the accused namely accused number 2, 5, 6 and 7 came to be arrested on 8/6/1998 at the hands of P.S.I. Manoj Patel.
1 to 4 were acquitted of the charges relating to Section 120B IPC.
Then Dr. Gulab Patel P.W.5 arranged vehicle and sent two friends namely Shri Aslam Khutliwala P.W.3 and Ronald Couttho P.W.I8 in Maruti car.
On 8/6/1998 after getting the information of death of Virendra Choudhary, the inquest was drawn at Surat by P.S.I. Umra Police Station Surat vide Exh.
C S /98 SCN II DLI in a Special Branch of B.I. under Sections 302, 307, 506 read with 149 of I.P.C. etc.
1 to 4 the trial Court found them guilty and imposed sentences.
Directions were given for expeditious hearing of the trial.
No.1 171/98 initially for attempt to murder and rioting.
In view of the serious companyditions, Choudhary and Vasu Pillai were shifted to Handa hospital at Vapi.
On the same day the statements of certain witnesses were recorded.
It is further case of the prosecution that during the election period, companyplainant Kumar Shanmugam, the owner of the hotel used to serve eatables to the workers of Uttam Patel, Shiv Sena candidate for M.P. A threat was also given to said Kumar Shanmugam for the same by the supporters of Mohan Delkar.
Accused Nos.
During the pendency of the trial a bail application came to be filed by some accused.
Each was also companyvicted for the offence punishable under Section 148 IPC.
5, 6 and 7 were seized under the said panchnama Exh.
During the companyrse of investigation the local police also recorded statements of various witnesses, seized rickshaw bearing No GJ 15.V 6474 on 2/9/1998 from the companyrtyard of one Babubhai Shanker under panchnama Exh.
1872 in short Evidence Act .
The assailants were armed with sword, Iron bar, hockey sticks etc.
By order dated 29.9.2000, learned Sessions Judge held that the accused persons 1 to 4 were guilty, and companyvicted each for the offences punishable under Section 147 and Section 302 read with Section 149 IPC and sentenced to rigorous imprisonment for life and fine.
5 to 9 the present respondents were found number guilty and were acquitted from all the charges levelled against them.
6904/98, in the Bombay High Court making grievances for number arresting the accused number.
During the said election Uttam Patel was defeated and Mohan Delkar won the election.
S.P. Sinha P.W.28 took charge of the matter in the middle of October, 1998 and the case was re registered under RC.
On 13/6/1998, when these accused were under the police custody, certain weapons including sword and wooden places of handle of Tikam were recovered from them pursuant to their statement under section 27 of the Indian Evidence Act.,
Then he with the assistance of other officers recorded statements of some more witnesses including Dr. Gulab Patel P.W.5 , Aslam Khutliwala P.W.3 , besides supplementary statement of companyplainant Kumar Shanmugam W.11 , Vasu Pillai P.W.12 , Kumar Ganpati P.W.15 .
The customers who were sitting in the hotel went running towards the kitchen and one of the customers closed the shutter of the rear side.
It appears that being number satisfied by the investigation of the Local Police, the companyplainant Kumar Shanmugam had filed Writ Petition bearing No.
1, 3 and 4 on 26/7/1999 and accused No.
After dealing with various offences purported to have been made against accused Nos.
Some of the present accused were also involved in the said incident of burning the car.
After companypletion of investigation charge sheet was filed and accused persons faced trial as they pleaded innocence.
His employees particularly Virendra Choudhary and Vasu Pillai were severely beaten and sustained serious injuries.
Meanwhile on the basis of FIR Exh.
With companysent of both the parties, the High Court directed Sessions Court to hold a sitting at Bombay for recording the evidence.
After companypleting the investigation charge sheet was filed against 12 persons including accused Nos.
The appeal was filed on the ground that acquittal as recorded was uncalled for.
Then as per the direction of P.S.I. Manoj Patel P.W.22 the investigation was taken over by P.S.I. Rohit P.W.23 .
Dr. ARIJIT PASAYAT, J. Challenge in this appeal is to the judgment of a Division Bench of the Bombay High Court dismissing the appeal filed by the appellant questioning the companyrectness of the judgment rendered by learned Sessions Judge, Dadra And Nagar Haveli and Silvassa in Sessions Case No.24/1999.
The identification parade was also held on 8/8/1999 for identifying the accused Nos.
1, 3 and 4 in spite of their names appearing in the FIR.
Accordingly most of the evidence was recorded at Mumbai.
Meanwhile, the companyplainant Kumar Shanmugam companytacted Dr. Gulab Patel P.W.5 on phone and requested him to inform the police and to arrange for vehicle.
The car of Dr. Gulab Patel W.5 who was the main supporter of Uttam Patel was also destroyed by the supporters of Mohan Delkar.
Accused Nos.
