The core facts in which the aggrieved parties had moved the HighCourt may now be noticed:The appellants – Shantibhai J. Vaghela and Prafulbhai J. Vaghela, whoare related to each other, are the fathers of one Dipesh (born 1998) andAbhishek (born 1999).The aforesaid two children were admitted in Class VIand V respectively in a Gurukul located in an Ashram of Sant ShreeAsharamji situated at Motela.They were residing in the Gurukul of theAshram.On 03.07.2008 both the children had gone to the dining hall of theGurukul at about 8.00 PM to have their dinner.At the time of taking theattendance of the students after dinner, the watchman, one Shri NareshDangar, could not find the children and therefore had informed the saidfact to Gruhapati Shri Pankajbhai Saksena.On receipt of the saidinformation the aforesaid person, i.e. Pankajbhai Saksena contacted theappellant – Prafulhai J. Vaghela on telephone to convey the informationthat the children were not to be found in the Gurukul.Both the appellants– Shantibhai B. Vaghela and Prafulbhai J. Vaghela immediately came to theGurukul and after meeting Pankajbhai Saksena and some other persons workingin the Gurukul, the appellants went in search of the missing children.However, they could not be recovered till about 12.30 AM.At thesuggestion of Shri Pankajbhai Saksena that the children may have gone tosleep in some other place the search for the children was abandoned andresumed at about 6.00 AM of the following morning, i.e., 04.07.2008.Though the search had continued throughout the day the children could notbe located.The appellants insisted that the Ashram should inform thepolice about the disappearance of the two children.On 05.07.2008 at about 6.30 PM the dead bodiesof the children were found from the bed of the river Sabarmati which waslocated by the side of the Ashram.The dead bodies were promptly sent forpost-mortem examination and, thereafter, were handed over to the respectivefamilies for cremation.Rest of the skin of face || |available part of front of neck, || |lower part of thighs and legs are || |discoloured brownish black while || |available part of back of scalp || |neck chest abdomen gluteal region || |and upper part of front and back || |of thighs are less discolored.|| |Marbeling is present on both the || |lower limbs specially on anterior || |aspects.Skin is easily peeled off|| |at places, scalp, hair easily || |peeled off maggots of size 0.2 to || |0.5 cms.crowling all over the || |body.External genetelia distended|| |due to decomposition.Chest and || |abdominal cavity are exposed, both|| |sides of ribs and vertebral column|| |are seen externally.Sternum, both|| |clavicles and costal cartilages || |found missing.Mass of tissue line|| |attached with neck contain || |trachea, oesophagus part of both || |lungs heart covered with peri || |cardium and part of stomach.Rest || |of abdominal organs are missing.|| |Both the upper limbs are missing || |with scapulae.Skin and soft || |tissue in lower part of right leg || |missing under line bones exposed.|| |Distal part of right foot || |including toes missing, || |metatarsals are exposed.No discharge || |noted from ear, nose and mouth.|| |Both the ears are eaten up in || |pinna region, margins irregular, || |pale and without vital reaction.|| | ||(14) Condition of skin – blood |Nibbling due to animals found in ||stain etc. If probability of |both pinna right lower limbs, both||drowning then imprints of biting |feet chest abdomen.Marbelling is || |present on chest shoulder and || |thighs more on anterior aspects.|| |Maggots of size 0.2 to 0.5 cms.|| |Crawling all over the body at || |places.Abdomen and external || |genetalia distended due to || |decomposition gases.Anal canal || |rectum part of sigmoid colon is || |prolapsed out of anus due to || |decompositions toes of right foot || |except greater toe are missing || |degloving of skin of both hands || |found present due to || |decomposition.|| | ||(13) Appearance of dead body- |Facial features are blotted and ||normal or swollen, condition of |distorted.Eyes open eye ball ||eyes, condition of tongue, face, |soften decomposed and protruded ||type of discharges from ears or |out from its sockets.|semi-opened, tongue protruded out || |from oral cavity.White frothy || |fluid is coming from nose and || |mouth.Both the ears are eaten in || |pinna region by animals.|| | ||(14) Condition of skin – blood |Both ears in pinna region and toes||stain etc. If probability of |of right foot except greater toe ||drowning then imprints of biting |eaten by animals.||by aquatic animal (cutis Anserina)| ||if any, record be made regarding | ||wrinkles on skin.|| | ||.................... | | (3) Internal examination|. . . . .| ||(20) .. . . | ||(c) Larynx, trachea and thyroid |c) No injury found in soft tissue||bone |and muscles of neck.Hyoid bone || |and thyroid cartilage intact few || |food particles and mud appreciated|| |in trechia |At times the drowning medium (water) may not contain any diatoms.Food particles and mud were found in trachea of both the deceased.Animal bites were present on the bodies of both the deceased particularly in the region of the ears and toes in the case of deceased Abhishek and additionally in the feet, chest and abdomen of deceased Dipesh.No shaving of scalp hairs was found in either case and also no injuries over the neck to draw blood were detected.The disappearance of organs from the body of the deceased - Dipesh may have been due to wild animals pulling or carrying the same away.“When drowning takes place, diatoms enter into the lung cavity of a person through the aspirated water and this water exerts a pressure on lung cavity and rupturing of the lung alveoli takes place.Through these entrances diatoms can enter into heart, liver, kidney, brain and bone marrow............Analysis of diatoms present in the lungs, liver, spleen, blood and bone marrow has for many years been undertaken as a confirmatory test in possible drowning cases.However, the diatom test has been controversial since numerous cases of false negative and false positive results have been documented..........”With CRIMINAL APPEAL No.1806-1807 of 2012(Arising out of SLP (Crl.) Nos. 4453-4454 of 2011) J U D G M E N TRANJAN GOGOI, J Leave granted.The present appeals seek to challenge a judgment dated 10.01.2011passed by the High Court of Gujarat at Ahmedabad allowing CriminalMiscellaneous Application No. 13519 of 2009 filed by the accused(respondents herein) seeking quashing of the criminal case registeredagainst them under Section 304 of the Indian Penal Code.By its aforesaidorder the High Court has also dismissed Special Criminal Application No.770 of 2009 filed by the appellants, Shantibhai J. Vaghela and PrafulbhaiJ. Vaghela, seeking investigation of the aforesaid case against the accusedby the Central Bureau of Investigation.It appears that there was a public out cry over the incident and theState Government by Notification dated 21.07.2008 appointed a Commission ofInquiry consisting of a retired Judge of the High Court of Gujarat.Itappears that an elaborate inquiry/investigation of the incident was carriedout, initially, by the Sabarmati Police Station of Ahmedabad city and,thereafter, by the CID Crime Branch under the direct supervision of DeputyInspector General of Police.In the course of the inquiry, statements ofthe several inmates of the Ashram were recorded.In the course of the aforesaid inquiry/investigation summonsunder Section 160 of the Code of Criminal Procedure were issued toJournalists of different newspapers as well as the electronic media togather information with regard to the incident in question.Similarly, apress note was also issued in the newspapers asking for information inrespect of the incident.However, there was no response to the summonsissued or the press note published by the investigating agency.While theaforesaid inquiry/investigation was continuing, the appellants -Shantibhai J. Vagehla and Prafulbhai J. Vaghela instituted Special CriminalApplication No.770 of 2009 in the High Court.In the said applicationdetails of the incident, as noticed above, were mentioned by the appellantswho had sought an order directing the Superintendent of Police, CBI,Gandhinagar (impleaded as respondent No.2) to register the criminaloffence(s) as may be disclosed by the statements made in the applicationfiled before the High Court and for further directions to carry out aproper investigation in respect of the incident of the mysterious death ofthe two children.During the pendency of the aforesaid Special Criminal ApplicationNo.770 of 2009, FIR dated 07.11.2009 was formally lodged by one Shri H.B.Rajput, Inspector, CID Crime, Gandhinagar in the Gandhinagar Police Stationin respect of the incident alleging commission of offences under Section304/34 of the Indian Penal Code and Section 23 of the Juvenile Justice(Care and Protection) Act. Seven inmates of the Ashram were named as theaccused who were suspected to be involved with the offences alleged.The FIR lodged against the seven inmates of the Ashram, in so far asthe offence under Section 304 IPC is concerned, came to be challengedbefore the High Court by the accused named therein.Criminal MiscellaneousApplication No. 13519 of 2009 filed by the aforesaid accused was heardalong with Special Criminal Application No. 770 of 2009 filed by appellants– Shantibhai J. Vaghela and Prafulbhai J. Vaghela.Both the applicationswere disposed of by the High Court by the impugned order dated 10.01.2011.As already noticed, the High Court, on the basis of the conclusion that nooffence against the accused under Section 304 IPC was made out, has quashedthe FIR in so far as the aforesaid provision of the Penal Code isconcerned.The High Courtby the aforementioned order also disposed of Special Criminal ApplicationNo.770 of 2009 filed by the two appellants as having become infructuous.Aggrieved by the said aforesaid order dated 10.01.2011 the State of Gujaratand the parents of the deceased children – Shantibhai J. Vaghela andPrafulbhai J. Vaghela have instituted the present appeals.The skin and soft ||blackening of some parts after |tissue are missing at lower part ||death if any) if swelling of any |of frontal neck front and sides of||part then examination of fluid in |chest and abdomen, lower part of ||it & condition of the skin.|right leg, distal part of both the|| |feet.Distal || |part of left foot including toes || |missing metatarsals exposed the || |missing tissues of the body is || |attached with the changes of post || |mortem phenomena.Margins of || |missing tissues are pale, || |irregular without vital reactions || |and nibbling due to animals || |appreciated.|| | ||(13) Appearance of dead body- |Facial features are bloated and ||normal or swollen, condition of |distorted.Eyes open, eye balls ||eyes, condition of tongue, face, |softened decomposed and protruded.||type of discharges from ears or |Mouth is open tongue protruded ||nostrils (if any).|outside oral cavity.Margins are ||by aquatic animal (cutis Anserina)|pale, irregular and without vital ||if any, record be made regarding |reactions.Foul smelling gas ||body & thighs or some growth, |coming from the body brown black ||blackening of some parts after |discoloration of skin found on ||death if any) if swelling of any |face, chest, abdomen, both upper ||part then examination of fluid in |limbs and lower part of both the ||it & condition of the skin.|thighs and both legs while upper || |part of thighs back of chest, || |gluteal region is less || |discolouration.Skin is early || |peeled off at places scalp hair || |early peeled off.The aforesaid FIR was filedafter more than one year of the incident and after holding of a detailedinquiry/investigation into the incident.

Sections cited: Section 304 in The Indian Penal Code, Section 304A in The Indian Penal Code, Section 299 in The Indian Penal Code, Section 300 in The Indian Penal Code, Section 34 in The Indian Penal Code, Section 114 in The Indian Penal Code