Indian Kanoon - Search engine for Indian Law

Gujarat High Court

Chandiraj @ Raj Bhikha Bhai Nayak ... vs State Of Gujarat on 21 September, 2021

Author: A.Y. Kogje

Bench: A.Y. Kogje

     R/CR.MA/11613/2021                          ORDER DATED: 21/09/2021




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

             R/CRIMINAL MISC.APPLICATION NO. 11613 of 2021

                                With
             R/CRIMINAL MISC.APPLICATION NO. 11649 of 2021
==========================================================
              CHANDIRAJ @ RAJ BHIKHA BHAI NAYAK (BAROT)
                               Versus
                         STATE OF GUJARAT
==========================================================
Appearance:
HIREN P KANDERA(9497) for the Applicant(s) No. 1
MR NR KODEKAR(5020) for the Respondent(s) No. 1
MR HARDIK SONI, APP (2) for the Respondent(s) No. 1
==========================================================

 CORAM:HONOURABLE MR. JUSTICE A.Y. KOGJE

                            Date : 21/09/2021

                             ORAL ORDER

1. The present application is filed under Section 439 of the Code of Criminal Procedure, 1973, for regular bail in connection with FIR being CR-I/11217027210218 /2021 registered with Radhanpur Police Station, Patan for offence under Sections 302, 307, 323, 325, 324, 34 and 114 of the Indian Penal Code and Section 135 of the Gujarat Police Act.

2. Learned advocate for the applicant submitted that initially the FIR was registered for the offence under Sections 307, 326 etc. of the Indian Penal Code and it was only after the period of 4 (four) days when the victim had expired, report adding Section 302 of the Indian Penal Code was filed. Therefore, it cannot be said that the applicant had intention to commit murder.

3. Learned advocate for the applicant submitted that the dispute had arisen because of enmity between two families on account of proposal for cross marriages between two families Page 1 of 4 Downloaded on : Thu Oct 07 22:31:44 IST 2021 R/CR.MA/11613/2021 ORDER DATED: 21/09/2021 had failed.

4. Learned advocate for the applicant submitted that there is no evidence which would connect the applicant with the offence particularly, the evidence of witnesses can be termed to be evidence of hear-say witnesses.

5. Learned advocate for the applicant submitted that even if the statements of witnesses are to be believed especially eye- witness Prahladbhai Naranbhai Dhanjibhai then also, the identification of the applicant cannot be relied upon in the test identification parade carried out.

6. Learned advocate for the applicant submitted that as the applicant has no antecedents, he may be enlarged on regular bail.

7. Learned APP has opposed the grant of application and submitted that there is sufficient evidence on record to implicate the applicant. The statement of witnesses indicate the role of the applicant and such witnesses are also independent witnesses.

8. Learned APP submits that the P.M.Report indicate the nature of injuries suffered by the deceased and that such injuries are matching with the role attributed to the applicant as per the eye witness.

9. Having heard learned advocates for the parties and having perused documents on record, it is the case where on 04/03/2021, the complainant's husband (deceased) Ganpatbhai Mohanbhai Parmar arrived at Radhanpur in the bridegroom's party of witness Vipulbhai Maghabhai Parmar residing at:

R/CR.MA/11613/2021 ORDER DATED: 21/09/2021 Jarvala, Ta-Dashada. Another bridegroom's party had also arrived at Radhanpur from Patdi and the accused persons of this case also arrived in that bridegroom's party. The engagement of complainant's daughter Kiran was betrothed with the accused Chandubhai Somabhai Barot and the engagement of complainant's brother in law's son Rameshbhai Jagdishbhai Barot was betrothed with accused Chandubhai Barot's sister Nirali. The complainant's husband(deceased) Ganpatbhai Mohanbhai had broken off the engagement of his daughter Kiran with the accused Chandubhai. The complainant's brother in law's son Rameshbhai Jagdishbhai tied a knot of love marriage with the accused Chandubhai Somabhai Barot's sister Nirali. The accused persons and the complainant had gathered at Radhanpur under one place. Therefore, the accused Chandubhai Barot and the accused persons, keeping animosity of his earlier engagement and the love marriage between complainant's brother in law's son Rameshbhai and his sister Nirali, offered to drink liquor to the complainant's husband(deceased) Ganpatbhai Mohanbhai Parmar and took him in the private rickshaw at Radhanpur Bhilot three roads and Suigam road and at Kalyanpur culvert. There, in furtherance of their common intention, three accused persons lifted the deceased and dashed him on the ground and punched him on his face, therefore the teeth of the deceased had broken. As three accused persons had beaten him severely on his head and body, the deceased escaped from them and tried to get into the Chhakada rickshaw on the road and at that time, the accused Chandubhai @ Babalu caught the deceased from the collar and dashed him down on the road and caused him serious head injuries.

R/CR.MA/11613/2021 ORDER DATED: 21/09/2021

10. The Court has perused the statement of eye-witness Prahladbhai Naranbhai Dhanjibhai dated 26.03.2021. This witness is an independent witness, who was passing by the place where the incident took place and had tried to prevent the accused persons from assaulting the deceased. His version cannot be doubted at this stage. Moreover, another statement of witness Rajubhai Shankarbhai Karshanbhai dated 11.03.2021, who has also narrated about the incident which has taken place, and thereafter, the video recording from his mobile phone about three accused persons. The DVD prepared out of such recording is already on record of the investigation.

11. The Court has also taken into consideration the test identification parade, wherein independent witnesses have correctly identified the accused persons before the Executive Magistrate in the test identification parade conducted on 23.06.2021. At this stage, the Court does not have any reason to doubt the manner and method in which the test identification parade was carried out.

12. In view of aforesaid, no case is made out for using discretion in favour of the present applicant. Hence, the present application stands dismissed.

(A.Y. KOGJE, J) GIRISH Page 4 of 4 Downloaded on : Thu Oct 07 22:31:44 IST 2021