3
two gold bangles, and Ashlesha’s mobile phone, camera and ATM cards were
missing. Investigation started and on 22.06.2011 at around 06:00 AM, PW-28
Vijay Chauhan while on patrolling duty, spotted Neha Verma outside an ATM
near L.I.G, under suspicious circumstances. On receiving this information, the
IO (PW-31) along with PW-4 Banno Solanki and others, reached the spot. Neha
Verma was searched. This yielded an ATM card, which belonged to the
deceased Ashlesha. Neha was taken for questioning; her disclosure statements
led to her subsequent arrest. Based on information she provided, the police
recovered some robbed articles from her house.
5.
Upon disclosure statements of Neha the other accused i.e., Rahul @
Govind and Manoj were arrested and from their possession the robbed
jewellery, knife and a pistol was seized. Investigation revealed that during the
alleged incident Rahul @ Govind inadvertently shot his own foot and recorded
a false FIR in this regard at the Annapurna Police Station by dehatinalisi dated
19.06.20115 against unknown persons. Accordingly, an FIR6 was registered by
PW-30 ASI R. S. Makwana for offences punishable under Sections 294, 307 and
34 IPC. Manoj was also injured during the incident and secured treatment from
PW-8 Dr. Achutmal Tejwani. The clothes and shoes worn by the accused were
seized; and parts of the broken and disposed mobile phone and camera were
also recovered and seized pursuant to their disclosure statements. The appellants
underwent identification parade. Their fingerprints were examined, the seized
articles were sent for chemical and DNA test and permission for prosecution
was taken.
6.
After conclusion of investigation, the police filed a final report indicting
the appellants for commission of offence under Sections 302, 397 and 449 IPC
and Section 25, 27 of Arms Act. The trial court framed charges against the
accused under Sections 397/34 in alternative 302/34 and 449 IPC, and besides
5 Ex. P103-C
6 Ex. P107
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