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Gang of Sohrabuddin Shaikh wanted to take all the share of protection money by getting rid of Hamid Lala gang. Soharabuddin and his gang members in this regard wanted to extract some unpaid money of one Shri Agarwal of APPEAL-970-2019-J.doc Jodhur from M/s.Mariam Marbles. The gang members of Sohrabuddin including Azam, Mudassar, Raju went to Shri Ali Hasan Bohra, Proprietor of M/s.Mariam Marbles, Sukher, Udaipur to collect money. Shri Hamid Lala in connivance with M/s.Mariam Marbles, got a case registered against members of gang of Sohrabuddin Shaikh and got them arrested. Further, M/s.Mariam Marbles did not make any payment to the gang of Sohrabuddin Shaikh.

(b) With the above background, the accused persons from Gujarat and Rajasthan entered into a criminal conspiracy to eliminate Sohrabuddin Shaikh. Rajasthan and Gujarat Police acted in connivance in the abduction and killing of Sohrabuddin Shaikh. Gujarat Police in order to create reasons for picking up Sohrabuddin stage managed the firing using the gang members of Sohrabuddin at the business premises of Shri Raman Patel and Shri Dashrath Patel (M/s.Popular Builders) in Navrangpura on 8th December 2004, which is the subject matter of Crime APPEAL-970-2019-J.doc No.1124 of 2004 in the Navrangpura Police Station. The First Information Report (FIR) in the said crime was lodged by one Beena Dave, Receptionist of M/s.Popular Builders. Patel Brothers were directed to give a statement against Sohrabuddin Shaikh and others under threat that on failure, Patel Brothers would face dire consequences. They were made as accused at a subsequent stage when they refused to give a statement. The appellant is also one of the accused in the said crime.

(g) According to the prosecution case, Sohrabuddin Shaikh was then taken and kept at the Disha Farm from 23rd November 2005 till the night of 25th November 2005. Sohrabuddin Shaikh was then taken to Arham Farm House during the intervening period for the purpose of interrogation and he was finally shifted to Arham Farm House in the night of 25 th APPEAL-970-2019-J.doc November 2005. Sohrabuddin, who was in illegal custody, was finally taken to GEB Electric Pole between Narol and Vishala Circle, by the officials of the Anti-Terrorist Squad. He was made to alight from the official Maruti Fronti vehicle and shown encountered while trying to run away on a motorcycle by the officials of the Anti-Terrorist Squad Gujarat and the Special Task Force of Rajasthan. Kausarbi, who was also under illegal confinement at the Disha Farm, was then shifted to Arham Farm House in the morning of 26th November 2005. Kausarbi was an eye witness to the abduction of Sohrabuddin Shaikh. She was, thereafter, eliminated by the accused persons and her body was burnt in Village Illol. Investigation further revealed that bundles of hay were put on the dead body of Kausarbi and it was burnt at the bank of the river at Village Illol. 

                       "             CHARGE
                       FIRSTLY :     That all of you along with other

remaining accused on and prior to 22.11.2005 at Ahmedabad and Hyderabad made criminal conspiracy to abduct Sohrabuddin with intention to kill him by posing a said killing as encounter and you also abducted Kausarbi - wife of Sohrabuddin and Tulsiram Prajapati, who were travelling with Sohrabuddin and you made criminal conspiracy to kill both of them being the witness to the abduction and killing of Sohrabuddin and with the object of APPEAL-970-2019-J.doc this criminal conspiracy you killed all of them viz.