STATE OF GUJARAT Vs. KISHANBHAI
LAWS(SC)-2014-1-15
SUPREME COURT OF INDIA (FROM: GUJARAT)
Decided on
January 07,2014
STATE OF GUJARAT
Appellant
VERSUS
Kishanbhai
Respondents
Referred Judgements :-
JOSEPH V. STATE OF KERALA [REFERRED]RAM PRASAD VS. STATE OF UTTAR PRADESH [REFERRED]
LAXMAN NAIK VS. STATE OF ORISSA [REFERRED]
STATE OF MAHARASHTRA VS. SURESH [REFERRED]
STATE GOVERNMENT OF NCT OF DELHI VS. SUNIL [REFERRED]
TAKHAJI HIRAJI VS. THAKORE KUBERSING CHAMANSING [REFERRED]
AMAR SINGH VS. BALWINDER SINGH [REFERRED]
STATE OF U P VS. SATISH [REFERRED]
BISHNU PRASAD SINHA VS. STATE OF ASSAM [REFERRED]
AFTAB AHMAD ANASARI VS. STATE OF UTTARANCHAL [REFERRED]
SAMBHU DAS ALIAS BIJOY DAS VS. STATE OF ASSAM [REFERRED]
HARESH MOHANDAS RAJPUT VS. STATE OF MAHARASHTRA [REFERRED]
RAJENDRA PRALHADRAO WASNIK VS. STATE OF MAHARASHTRA [REFERRED]
Cited Judgements :-
PIDATHALA SATYAM BABU VS. THE STATE OF ANDHRA PRADESH REP. BY THE PUBLIC PROSECUTOR A.P., HIGH COURT, HYDERABAD [LAWS(APH)-2017-3-32] [REFERRED TO]DARSHAN T S VS. STATE OF KARNATAKA [LAWS(KAR)-2015-12-11] [REFERRED TO]
MULAYAM SINGH VS. STATE OF M.P. [LAWS(MPH)-2016-10-40] [REFERRED TO]
NAVEEN VS. STATE OF KERALA [LAWS(KER)-2023-8-164] [REFERRED TO]
GURMEET SINGH VS. STATE OF PUNJAB [LAWS(P&H)-2014-2-287] [REFERRED TO]
GURWINDER SINGH VS. STATE OF PUNJAB [LAWS(P&H)-2021-2-55] [REFERRED TO]
CHANDAN RAI @ CHANDAN ROY VS. STATE OF BIHAR [LAWS(PAT)-2019-5-32] [REFERRED TO]
AKBAR ALI @ MD SENTU, S/O WAHAB ALI VS. STATE OF SIKKIM [LAWS(SIK)-2016-11-8] [REFERRED TO]
KAMLESH KUMAR VS. STATE OF CHHATTISGARH, THROUGH POLICE STATION GURU [LAWS(CHH)-2018-2-49] [REFERRED TO]
THE STATE OF MAHARASHTRA VS. PRAKASH NATHU PAWAR [LAWS(BOM)-2020-2-272] [REFERRED TO]
STATE OF MAHARASHTRA VS. SATISH DATTATRAY ATOLE [LAWS(BOM)-2020-2-162] [REFERRED TO]
RAM NARESH AND 2 OTHERS VS. STATE OF U P [LAWS(ALL)-2016-9-134] [REFERRED]
VIJAI & ANOTHER VS. STATE OF U P [LAWS(ALL)-2018-11-143] [REFERRED TO]
RAJENDER KUMAR @ BABBAN VS. STATE [LAWS(DLH)-2016-6-77] [REFERRED TO]
DEPUTY COMMISSIONER OF POLICE VS. BADLU PASWAN AND ORS. [LAWS(DLH)-2016-2-283] [REFERRED TO]
DEPUTY COMMISSIONER OF POLICE VS. BADLU PASWAN AND ORS. [LAWS(DLH)-2016-2-283] [REFERRED TO]
STATE OF WEST BENGAL VS. ALBERT TOPPO [LAWS(CAL)-2019-12-81] [REFERRED TO]
KALU ROY @ DILIP & ANR VS. STATE OF WEST BENGAL [LAWS(CAL)-2017-11-58] [REFERRED TO]
NITESH PUNDLIKRAO KATHE VS. STATE OF MAHARASHTRA [LAWS(BOM)-2016-8-145] [REFERRED TO]
SURAJ DEY VS. STATE OF WEST BENGAL [LAWS(CAL)-2023-2-61] [REFERRED TO]
STATE OF H.P. VS. AMAR NATH [LAWS(HPH)-2017-10-1] [REFERRED TO]
SATISH KUMAR BHATIA VS. STATE [LAWS(DLH)-2017-3-101] [REFERRED TO]
NIRANJAN GOSAI VS. THE STATE OF JHARKHAND [LAWS(JHAR)-2017-8-24] [REFERRED TO]
STATE NCT OF DELHI VS. AMIT SHARMA & ORS [LAWS(DLH)-2018-7-103] [REFERRED TO]
PRAVA RANJAN DEBBARMA VS. THE STATE OF TRIPURA [LAWS(TRIP)-2015-12-8] [REFERRED TO]
PANKAJ KUMAR VS. STATE OF PUNJAB [LAWS(P&H)-2021-3-16] [REFERRED TO]
SIBY MATHEWS VS. S. NAMBI NARAYANAN AND ORS. [LAWS(KER)-2015-3-26] [REFERRED TO]
KANNAN VS. STATE [LAWS(MAD)-2014-8-223] [REFERRED TO]
ANNEPU PRASADARAO, S/O.CHITTIBABU VS. THE STATE OF ANDHRA PRADESH [LAWS(APH)-2017-9-37] [REFERRED TO]
STATE OF GOA VS. RAJESH DESSAI [LAWS(BOM)-2014-11-193] [REFERRED TO]
SURESH ATMARAM INDORE VS. STATE OF MAHARASHTRA [LAWS(BOM)-2016-9-150] [REFERRED]
STATE VS. ASHOK KUMAR JAIN [LAWS(DLH)-2014-2-178] [REFERRED TO]
SADHU BARMAN VS. THE STATE OF WEST BENGAL [LAWS(CAL)-2015-3-93] [REFERRED TO]
INDU BORA VS. STATE OF MADHYA PRADESH [LAWS(MPH)-2024-7-8] [REFERRED TO]
BALAMURUGAN VS. STATE [LAWS(MAD)-2020-9-888] [REFERRED TO]
THAMBIRAJA AMSON VS. STATE [LAWS(MAD)-2019-9-622] [REFERRED TO]
MOHAN @ BAPU S/O KHUSHAL PENDAM VS. THE STATE OF MAHARASHTRA [LAWS(BOM)-2016-12-30] [REFERRED TO]
STATE OF HIMACHAL PRADESH VS. MAN SINGH [LAWS(HPH)-2018-5-209] [REFERRED TO]
MAHENDRA PAL SINGH VS. STATE OF U.P. [LAWS(ALL)-2016-4-185] [REFERRED TO]
HARICHARAN BISWAS VS. STATE OF TRIPURA [LAWS(TRIP)-2019-3-72] [REFERRED TO]
JAGDISH VS. STATE OF MADHYA PRADESH [LAWS(MPH)-2022-11-94] [REFERRED TO]
GURMEJ SINGH VS. STATE OF PUNJAB [LAWS(P&H)-2023-2-83] [REFERRED TO]
AYUB KHAN AND OTHERS VS. STATE OF HARYANA [LAWS(P&H)-2014-8-439] [REFERRED]
AJAY PASWAN VS. STATE OF BIHAR [LAWS(PAT)-2018-1-26] [REFERRED TO]
SABIR ALAM VS. THE STATE OF JHARKHAND [LAWS(JHAR)-2014-9-31] [REFERRED TO]
COURT ON IT OWN MOTION VS. STATE OF JHARKHAND [LAWS(JHAR)-2016-6-60] [REFERRED TO]
DIRECTOR C.B.I VS. BHAGYA KALITA [LAWS(GAU)-2021-9-43] [REFERRED TO]
BELAL @ BILLO @ MD. BELAL VS. STATE OF JHARKHAND [LAWS(JHAR)-2014-2-129] [REFERRED TO]
BARUN PANDIT VS. STATE OF JHARKHAND [LAWS(JHAR)-2014-1-79] [REFERRED TO]
ANTU GOPE VS. STATE OF JHARKHAND [LAWS(JHAR)-2014-7-123] [REFERRED TO]
BISHNU VS. STATE OF MAHARASHTRA [LAWS(BOM)-2016-10-14] [REFERRED TO]
K MUTHUPANDI VS. STATE [LAWS(MAD)-2019-8-41] [REFERRED TO]
KANNAN VS. STATE [LAWS(MAD)-2014-9-352] [REFERRED TO]
SANTOSH YADAV SON OF SUKDEO YADAV VS. STATE OF BIHAR [LAWS(PAT)-2018-1-145] [REFERRED TO]
RAKESH KUMAR VS. STATE OF BIHAR [LAWS(PAT)-2017-11-250] [REFERRED TO]
KADAMANCHI LAXMI VS. STATE OF ANDHRA PRADESH [LAWS(TLNG)-2019-2-25] [REFERRED TO]
STATE OF UTTARAKHAND VS. SARDAR PARWAN SINGH [LAWS(UTN)-2019-11-154] [REFERRED TO]
STATE OF H P VS. RAHUL KUMAR SHARMA [LAWS(HPH)-2016-9-143] [REFERRED]
STATE OF MAHARASHTRA VS. BABURAO UKANDU SANGERAO [LAWS(BOM)-2023-9-18] [REFERRED TO]
RAJ KUMAR KHATANA VS. STATE AND ORS. [LAWS(DLH)-2016-4-50] [REFERRED TO]
GURMITSINGH @ HIRASINGH SOHANSINGH DHILLO VS. STATE OF MAHARASHTRA [LAWS(BOM)-2016-8-268] [REFERRED TO]
S. SARKAR VS. B. CHOUDHURY [LAWS(TRIP)-2019-2-19] [REFERRED TO]
STATE OF KARNATAKA VS. MAHESH KUMAR [LAWS(KAR)-2020-2-80] [REFERRED TO]
STATE REPRESENTED BY THE INSPECTOR OF POLICE VS. SUNDARARAJ, ROBIN @ RAVI [LAWS(MAD)-2019-3-198] [REFERRED TO]
STATE OF MAHARASHTRA VS. MAHENDRA BHASKAR PAVRE [LAWS(BOM)-2016-10-23] [REFERRED TO]
RATAN DAS VS. THE STATE OF WEST BENGAL [LAWS(CAL)-2015-8-52] [REFERRED TO]
RAMESH KUMAR VS. STATE OF DELHI [LAWS(DLH)-2016-10-67] [REFERRED TO]
CHUNAN SINGH VS. STATE OF U P [LAWS(ALL)-2015-5-158] [REFERRED TO]
JODHPAL VS. STATE [LAWS(DLH)-2014-3-337] [REFERRED TO]
JITAN MARANDI, SON OF MUCHU MARANDI VS. STATE OF JHARKHAND [LAWS(JHAR)-2017-12-26] [REFERRED TO]
STATE OF HIMACHAL PRADESH VS. VARUN KUMAR [LAWS(HPH)-2015-3-43] [REFERRED TO]
SANJAY DUBEY VS. STATE OF MADHYA PRADESH [LAWS(SC)-2023-5-53] [REFERRED TO]
RAJENDRA PRALHADRAO WASNIK VS. STATE OF MAHARASHTRA [LAWS(SC)-2018-12-60] [REFERRED TO]
ANKUSH MARUTI SHINDE AND OTHERS VS. STATE OF MAHARASHTRA [LAWS(SC)-2019-3-19] [REFERRED TO]
PREM SINGH VS. STATE OF HIMACHAL PRADESH [LAWS(HPH)-2018-5-4] [REFERRED TO]
SABIR ALAM VS. STATE OF JHARKHAND [LAWS(JHAR)-2014-10-20] [REFERRED TO]
STATE VS. GURJINDER SINGH @ BARJINDER SINGH [LAWS(DLH)-2014-4-172] [REFERRED TO]
SURESH @ PAWAN VS. STATE GOVT OF NCT OF DELHI [LAWS(DLH)-2018-3-313] [REFERRED TO]
RAJBIR AND ORS. VS. STATE [LAWS(DLH)-2015-5-497] [REFERRED TO]
VANLALHLUA VS. STATE OF MIZORAM [LAWS(GAU)-2022-11-40] [REFERRED TO]
SHREEMAD JAGADGURU SHANKARACHARYA SHREE SHREE RAGHAVESHWARA BHARATI SWAMIJI VS. STATE OF KARNATAKA [LAWS(KAR)-2014-12-7] [REFERRED TO]
STATE OF MADHYA PRADESH VS. VEERENDRA [LAWS(MPH)-2016-7-108] [REFERRED]
SHIBU DEB VS. STATE OF TRIPURA [LAWS(TRIP)-2019-8-2] [REFERRED TO]
JUDGEMENT
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(1.)A complaint was lodged at Navrangpura Police Station, Ahmedabad, alleging the kidnapping/abduction of a six year old girl child Gomi daughter of Keshabhai Mathabhai Solanki and Laliben on 27.2.2003 at around 6:00 p.m. by the accused Kishanbhai son of Velabhai Vanabhai Marwadi. It was alleged, that the accused had enticed Gomi with a "gola" (crushed ice, with sweet flavoured syrup), and thereupon had taken her to Jivi's field, where he raped her. He had murdered her by inflicting injuries on her head and other parts of the body with bricks. In order to steal the "jhanjris" (anklets) worn by her, he had chopped off her feet just above her ankles. The aforesaid complaint was lodged, after the body of the deceased Gomi was found from Jivi's field, at the instance of the accused Kishanbhai. On the receipt of the above complaint, the first information report came to be registered at Navrangpur Police Station, Ahmedabad.
(2.)The prosecution version which emerged consequent upon the completion of the investigation reveals, that the family of the deceased Gomi was distantly related to the family of the accused Kishanbhai. In this behalf it would be pertinent to mention that Baghabhai Naranbhai Solanki was a resident of Gulbai Tekra, in the Navrangpura area of Ahmedabad. He resided there, along with his family. For his livelihood, Baghabhai Naranbhai Solanki was running a shop in the name of Mahakali Pan Centre. The said shop was located near his residence. Baghabhai Naranbhai Solanki was running the business of selling "pan and bidi" in his shop. Naranbhai Manabhai Solanki, father of Baghabhai Naranbhai Solanki used to live in the peon's quarters at Ambavadi in Ahmedabad. Modabhai Manabhai Solanki, uncle of Baghabhai Naranbhai Solanki, had expired. His son Devabhai's daughter Laliben, was married to Keshabhai Mathabhai Solanki. Keshabhai Mathabhai Solanki and Laliben were residing at Shabamukhiwas, Gulbai Tekra in Ahmedabad. Keshabhai Mathabhai Solanki and Laliben had two children, a daughter Gomi aged six years, and a son Himat aged three years. Laliben's sister-in-law (her husband's, elder brother's wife) Fuliben Valabhai was residing near the residence of Keshabhai Mathabhai Solanki and Laliben. Kishanbhai the accused, is the brother of Fuliben, and was residing with her. It is therefore, that the family of the deceased as also the accused, besides being distantly related, were acquainted with one another as they were residing close to one another.
(3.)Insofar as the occurrence is concerned, according to the prosecution, on 27.2.2003 Laliben, niece of Baghabhai, was confined to her residence, as she was expecting. At about 6:00 p.m. her daughter Gomi, then aged 6 years, had wandered out of her house. The accused Kishanbhai then aged 19 years, entice her by giving her a "gola". Having enticed her he had carried Gomi to Jivi's field. On the way to Jivi's field, he stole a knife with an 8 inch blade from Dineshbhai Karsanbhai Thakore PW-6, a "dabeli" (bread/bun, with spiced potato filling) seller. Having taken Gomi to Jivi's field he had raped her. He had then killed her by causing injuries on her head and other parts of the body with bricks. In order to remove the "jhanjris" worn by her, he had amputated her legs with the knife stolen by him, from just above her ankles. He had then covered her body with his shirt, and had left Jivi's field. Kishanbhai the accused, then took the anklets stolen by him to Mahavir Jewellers, a shop owned by Premchand Shankerlal. He pledged the anklets at the above shop, for a sum of Rs.1,000/-. The accused Kishanbhai was confronted by Baghabhai and others constituting the search party, whilst he was on his way back to his residence. Kishanbhai, despite stating that he had not taken her away, had informed those searching for Gomi, that she could be at Jivi's field. On the suggestion of Kishanbhai, the search party had gone to Jivi's farm, where they found the body of Gomi.
(2.)The prosecution version which emerged consequent upon the completion of the investigation reveals, that the family of the deceased Gomi was distantly related to the family of the accused Kishanbhai. In this behalf it would be pertinent to mention that Baghabhai Naranbhai Solanki was a resident of Gulbai Tekra, in the Navrangpura area of Ahmedabad. He resided there, along with his family. For his livelihood, Baghabhai Naranbhai Solanki was running a shop in the name of Mahakali Pan Centre. The said shop was located near his residence. Baghabhai Naranbhai Solanki was running the business of selling "pan and bidi" in his shop. Naranbhai Manabhai Solanki, father of Baghabhai Naranbhai Solanki used to live in the peon's quarters at Ambavadi in Ahmedabad. Modabhai Manabhai Solanki, uncle of Baghabhai Naranbhai Solanki, had expired. His son Devabhai's daughter Laliben, was married to Keshabhai Mathabhai Solanki. Keshabhai Mathabhai Solanki and Laliben were residing at Shabamukhiwas, Gulbai Tekra in Ahmedabad. Keshabhai Mathabhai Solanki and Laliben had two children, a daughter Gomi aged six years, and a son Himat aged three years. Laliben's sister-in-law (her husband's, elder brother's wife) Fuliben Valabhai was residing near the residence of Keshabhai Mathabhai Solanki and Laliben. Kishanbhai the accused, is the brother of Fuliben, and was residing with her. It is therefore, that the family of the deceased as also the accused, besides being distantly related, were acquainted with one another as they were residing close to one another.
(3.)Insofar as the occurrence is concerned, according to the prosecution, on 27.2.2003 Laliben, niece of Baghabhai, was confined to her residence, as she was expecting. At about 6:00 p.m. her daughter Gomi, then aged 6 years, had wandered out of her house. The accused Kishanbhai then aged 19 years, entice her by giving her a "gola". Having enticed her he had carried Gomi to Jivi's field. On the way to Jivi's field, he stole a knife with an 8 inch blade from Dineshbhai Karsanbhai Thakore PW-6, a "dabeli" (bread/bun, with spiced potato filling) seller. Having taken Gomi to Jivi's field he had raped her. He had then killed her by causing injuries on her head and other parts of the body with bricks. In order to remove the "jhanjris" worn by her, he had amputated her legs with the knife stolen by him, from just above her ankles. He had then covered her body with his shirt, and had left Jivi's field. Kishanbhai the accused, then took the anklets stolen by him to Mahavir Jewellers, a shop owned by Premchand Shankerlal. He pledged the anklets at the above shop, for a sum of Rs.1,000/-. The accused Kishanbhai was confronted by Baghabhai and others constituting the search party, whilst he was on his way back to his residence. Kishanbhai, despite stating that he had not taken her away, had informed those searching for Gomi, that she could be at Jivi's field. On the suggestion of Kishanbhai, the search party had gone to Jivi's farm, where they found the body of Gomi.
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