Gujarat High Court
Ghanshyamsinh Jorubha Gohil vs State Of Gujarat & 3 on 10 January, 2017
Author: J.B.Pardiwala
Bench: J.B.Pardiwala
R/SCR.A/1635/2015 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL CRIMINAL APPLICATION NO. 1635 of 2015
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GHANSHYAMSINH JORUBHA GOHIL....Applicant(s)
Versus
STATE OF GUJARAT & 3....Respondent(s)
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Appearance:
MR BM MANGUKIYA, ADVOCATE for the Applicant(s) No. 1
MS BELA A PRAJAPATI, ADVOCATE for the Applicant(s) No. 1
MS SHRUTI PATHAK, AGP for the Respondent(s) No. 1
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CORAM: HONOURABLE MR.JUSTICE J.B.PARDIWALA
Date : 10/01/2017
ORAL ORDER
1 By this application under Article 226 of the Constitution of India, the writ applicant, father of the deceased, has prayed for the following reliefs:
"29(A)Be pleased to issue a writ of mandamus or any other appropriate writ order or direction in the nature of mandamus directing the respondent Nos.1 and 2 to transfer the investigation of the unnatural death of the son of the petitioner to any other Agency except the local Police of Bhavnagar District and the same may be directed to be investigated by the Police Officer, not below the rank of Superintendent of Police, in the interest of justice.
(B) Pending admission hearing and till final disposal of present petition, this Hon'ble Court be pleased to direct the Police Inspector "B"
Division Police Station, the Superintendent of Police Bhavnagar to place on record all the materials and the papers of the investigation, so far carried out by them in relation to unnatural death of the son of the petitioner, in the interest of justice and equity.
(C) Be pleased to dispense with affidavit in support of this petition, as
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the affidavit of the petitioners is already filed in Special Civil Application;
(D) Be pleased to grant such other and further relief/s as may be deemed fit, just and proper in the facts and circumstances of the case, in the interest of justice."
2 It appears from the materials on record that the writ applicant herein is serving as a 'Principal' in the Bajrangdas Bapu High School, Sanosara. His younger son named Hardip was studying in 11th standard in the Science stream in the Guan Manzari School at Bhavnagar. As no hostel facilities were available, the son was staying as a paying guest in the house of one Mr. Ghanshyam Joshi situated at 48 Vivekanand Park Society, Bhanghi Coat, Bharatnagar, Bhavnagar. On 14th October 2013, at about 1845 hours, Mr. Ghanshyam Joshi informed the writ applicant that his son Hardip had locked himself inside the house and was not opening the door. The writ applicant was informed that from the window, it could be noticed that the son had committed suicide by tying one end of the bed sheet on his neck and the other in the window. The writ applicant immediately reached at the spot and noticed that the door was not closed. No force had to be applied to open the door. The police arrived at the place of occurrence. The dead body of the son of the writ applicant was taken to the civil hospital for postmortem. The cause of death assigned in the postmortem report is "asphyxia due to hanging".
3 It is the case of the writ applicant that the police thought fit to register the case as an accidental death. The inquiry under Section 174 of the Cr.P.C. was initiated. The writ applicant is not satisfied with the manner in which the inquiry has been conducted so far. Prima facie, it appears from the stance of the State that they have reached to the conclusion that the case is one of suicide. The writ applicant being the father has a doubt in his mind that the case is not one of suicide, but one of culpable homicide amounting to murder.
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4 On behalf of the State, an affidavitinreply has been filed duly
affirmed by one Ambalal Janiyabhai Vasava, serving as a Police Inspector of the Ghogha Road 'B' Division Police Station, Bhavnagar, inter alia stating as under:
"2 I say and submit that I am filing this affidavit to apprise the Hon'ble Court regarding the investigation carried out by the authority in accident case no.139 of 2013 registered with B Division Police Station which is now known as Ghogha Road Police Station, Bhavnagar. I say and submit that my predecessor, Police SubInspector Mr. M.H. Jetpariya was the Investigating authority at the relevant point of time. I am filing this affidavit on the basis of the record available with my officer. I reserve my right to file an additional affidavit if so required during the course of investigation.
3 I say and submit that the incident with respect to handing of the deceased Harshdeepsinh Ghanshyamsinh Gohil was reported with police Station on 14.10.2013 at 22.30 Hours by Hitendrasingh Jaswantsingh Gohil, uncle of the deceased. I say and submit that the authorities upon reaching the site of the offience found the deceased Harshdipsingh, Aged: 16 years handing with the bed sheet.
4 I say and submit that an inquest Panchnama was carried out by the authorities as well as Panchnama of the place of incident was also carried out. Thereafter, the body was sent for postmortem by the authorities. The postmortem report was collected by the authorities which reveals the cause of death to be "Asphyxia Due to Hanging". A copy of the postmortem report is annexed herewith and marked as AnnexureR(1). The final cause of death was also obtained along with the Visera report. A copy of the final cause of death is annexed herewith and marked as AnnexureR(2). The bed sheet was recovered as Mudamal and was sent to the FSL for further examination and report. The Visera report was also obtained which does not show any presence of any chemical or poisonous substance.
5 I say and submit that looking to the manner in which the deceased was found to be hanging, the medical opinion was further obtained from the assistant professor forensic medicine department, Bhavnagar. A copy of the further questions/further examination sent to be assistant professor medicine department is annexed herewith and marked as AnnexureR(3). The forensic medicine department forwarded a communication to the PI stating that the case appears to be that of partial hanging and the reasons and circumstances seem to be suspicious. A copy of the Page 3 of 5 HC-NIC Page 3 of 5 Created On Wed Jan 11 00:51:14 IST 2017 R/SCR.A/1635/2015 ORDER report/communication is also annexed herewith and marked as Annexure R(4).
6 I say and submit that during course of investigation, the concerned authority has tried to gather all the necessary evidence in order to determine the cause of death. The investigating authority has taken statements of the persons upon whom the applicant raises suspicion. During the course of investigation it has been revealed that the deceased was originally from Sanosara, Taluka: Shihor, Bhavnagar and was admitted to Gyanmanjari School Bhavnagar, Kaliyabid, Bhavnagar and was studying in 11 standard (Science). The deceased was having his school exams during which this incident has taken place. The deceased as per the call duration details gathered by the authority had before some time of his death had a talk with his mother.
7 I say and submit that the authority has also taken statements of the father a well as mother of the deceased which reveals that the deceased was good at his studies. The statements of the father as well as mother also does not reflect any suspicious or any incident which would have taken place to driver the deceased to take such step. The father and mother both reveal in their statement that earlier their elder son namely Yashraj was also residing with the Ghanshyambhai Joshi as a paying guest (PG) and it is on account of this experience of their elder son having resided at this place, the deceased was also kept with the PG accommodation at the house of Ghanshyambhai Joshi.
8 I say and submit that the statement of Ghanshyambhai Joshi and his family members have also been taken by the authorities and they have stated that at the time of incident, the family members were engaged in shifting luggage of brother in law of Ghanshyambhai. The call details as well as the lower location of these members has also been obtained by the authorities.
9 I say and submit that the authorities have also sent the suspicious persons on whom the applicant had doubt namely Ghanshyam Manishakar Joshi, Jay Ghanshyam Joshi and Paras Ghanshyam Joshi for LVA (Layered Voice Analysis) test. A copy of the test report of the LVA test is annexed herewith and marked as AnnexureR(5). I say and submit that the alleged suspicious persons were also subjected to SDS (Suspect Detective System) test wherein also the report reveals that they do not seem to be suspect. A copy of the SDS test report is annexed herewith and marked as AnnexureR(6).
10 I say and submit that the Panchnama of the incident also did not reflect any suspicious article found or any clue to reveal the cause of death. The stopper of the room seem to be closed from inside and is bent from inside as per the Panchnama.
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11 I say and submit that the authorities have tried their level best to
examine different theories to come to conclusion for the probable cause of death of the deceased however, there has been no clue to suggest any theory which would determine actual cause of death of the deceased. I say and submit that despite of all the sincere efforts on the part of the authority, there has been no clue to suggest or pin pint any suspicion regarding the theory of cause of death or to suspect any person involved."
5 Having heard the learned learned counsel appearing for the parties and having considered the materials on record, the only question that falls for my consideration is whether the investigation should be transferred to any other agency.
6 Having regard to the materials on record and the submissions canvassed on either side, I direct the State C.I.D. (Crime) to take over the investigation at the earliest. I expect the concerned authorities of the State C.I.D. (Crime) to go to the root of the matter and reach to an appropriate conclusion whether the case is one of suicide or murder.
7 With the above, this writ application is disposed of. Direct service is permitted.
8 Mr. Mangukiya, the learned counsel appearing for the applicant at this stage pointed out that it is not the case of the Investigating Officer that the case is one of suicide. According to the learned counsel, even the Investigating Officer is of the view that the boy died under mysterious circumstances.
9 A copy of this order be forwarded to the State C.I.D. (Crime) at the earliest for further action.
(J.B.PARDIWALA, J.) chandresh Page 5 of 5 HC-NIC Page 5 of 5 Created On Wed Jan 11 00:51:14 IST 2017