CC/5/2004 1/529 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD CRIMINAL CONFIRMATION CASE No. 5 of 2004 With CRIMINAL APPEAL No. 1005 of 2004 For Approval and Signature: HONOURABLE MR.JUSTICE C.K.BUCH HONOURABLE MR.JUSTICE K.A.PUJ ==================================================== 1 Whether Reporters of Local Papers may be allowed to see the judgment ? 2 To be referred to the Reporter or not ? 3 Whether their Lordships wish to see the fair copy of the judgment ? 4 Whether this case involves a substantial question of law as to the interpretation of the constitution of India, 1950 or any order made thereunder ? 5 Whether it is to be circulated to the civil judge ? ==================================================== STATE OF GUJARAT - Appellant(s) Versus NARAYAN SHASTRI GURU OMPRAKASHDASJI (ORIG NAME DINESHBHAI & 4 - Respondent(s) ==================================================== Appearance : MR KT.DAVE, ADDL.PUBLIC PROSECUTOR for the State MR YN RAVANI for CBI MR PM THAKKAR WITH MR.MC BAROT WITH MR. TEJAS BAROT for Respondent(s) : 1 - 5. ==================================================== CORAM : HONOURABLE MR.JUSTICE C.K.BUCH and HONOURABLE MR.JUSTICE K.A.PUJ CC/5/2004 2/529 JUDGMENT Date : 01/09/2006 CAV JUDGMENT (Per : HONOURABLE MR.JUSTICE C.K.BUCH) (1) The District & Sessions Judge, Kheda at Nadiad has forwarded the copy of the judgment dated 11.06.2004 along with R & P, delivered by the ld. Presiding Officer & Addl. Sessions Judge (FTC No.1), Kheda at Nadiad in Sessions Case No. 369/1999 for confirmation of the death sentence awarded to the accused (appellants of Criminal Appeal No. 1005/2004), as per the provisions of sub-section (2) of section 28 R/w section 366(1) of Code of Criminal Procedure, 1973 (CrPC for short). This Court, on receipt of the proceedings for confirmation of death sentence awarded to all the five accused persons, ordered to issue notices to the District Magistrate as well as to the accused. Ld. Advocate appearing for all the five accused waived service of notice. The accused persons have assailed the impugned order of conviction and sentence by preferring the appeal i.e. Criminal Appeal No.1005/2004, mainly contending CC/5/2004 3/529 JUDGMENT that the order of conviction and sentence passed by the ld. Trial Judge is not sustainable in eyes of law as well as on facts available on record. Therefore, we have dealt with the confirmation proceedings along with criminal appeal preferred by the appellants accused as the same has been admitted by this Court vide order passed earlier. (2) Mr. PM Thakkar, ld. Senior Counsel has appeared for all the accused appellants with ld. Counsel Mr. MC Barot and with ld. Counsel Mr. Tejas Barot. Of course, all the accused persons were not represented by the same lawyer when the proceedings were before the trial Court, however, before this Court, all the accused have assailed the legality and validity of the order of conviction and sentence passed by the ld. Trial Judge. Mr. YN Ravani, Ld. Counsel has appeared for Central Bureau of Investigation (CBI for short)- the prosecuting agency and Mr. KT Dave, ld. APP has appeared for the District Magistrate as well as for State of Gujarat. CC/5/2004 4/529 JUDGMENT (3) It is necessary to state the facts placed by the prosecuting agency- CBI before the trial Court at the conclusion of the investigation and submission of the report under section 173(2) of CrPC. (i) It is alleged by the CBI that one of the main temples of Shri Swaminarayan Sect of Vadtal Gadi ( Laxminarayan Dev) is situated at Vadtal and there are number of temples at other places in the country. As per the order of this Court passed in 1976, the spiritual/religious authority of the Sect is vested in the hereditary “Acharya” and the day to day administration and management of the temples is vested in a Board of Trustees. As per High Court Order, the Board consists of 8 Trustees, the Chief Kothari being the ex-officio member. In 1998, Shri Ajendra Prasad was the spiritual/religious head of the Sect. Gadadharanandji was elected as the Chairman of the Board of Trustees on 11.04.1998. Shri Bhakti Kishore Dasji was the Chief Kothari and Shri Narayan Shashtri was the Assistant Kothari. CC/5/2004 5/529 JUDGMENT Shrijicharan Swami was also informally working as Assistant Kothari in the temple. Soon after taking over as Chairman of the Board of Trustees, Gadadharanandji had planned to transfer Shri Narayan Shastri and Shrijicharan Swami from the Vadtal temple Kothari Office. The agenda dated 16.04.1998 was circulated amongst the Board of Trustees for the meeting of the Board to be held on 22.04.1998 in which transfer of Kotharis, inter alia, was one of the matters to be considered. (ii) Accused Shri Narayan Shastri and Shrijicharan were deeply disturbed due to their impending transfer from the Vadtal temple Kothari office. After they failed to win the confidence of Gadadharanandji, and the pressure brought to bear on him did not work, they hatched a criminal conspiracy with co-accused and planned to kill Gadadharanandji pursuant to which he was abducted by accused Madhavdas Swami and Ghanshyamdas Swami from Vadtal temple on 03.05.1998 and taken to Sant Niwas in Navli Gurukul Complex where accused Shrijicharan and CC/5/2004 6/529 JUDGMENT Vijay Bhagat joined them. Gadadharanandji was last seen alive with the aforesaid accused and the badly burnt dead body was found in the morning of 04.05.1998 near Barothi village in the jurisdiction of PS Bichchhuwada, Dist.: Dungarpur (Rajasthan). (iii) Investigation carried out by CBI had disclosed that Shri Narayan Shastri hatched a criminal conspiracy in April, 1998 at Vadtal and Navli Gurukul complex along with his associates Shrijicharan Swami, Madhavdas Swami, Ghanshyam Prasad and Vijay Bhagat to abduct and kill Gadadharanandji and pursuant to the said criminal conspiracy, the accused aforesaid committed the following acts of omission and commission:- (a) 10/15 days prior to the abduction and killing of Gadadharanandji, accused Shri Narayan Shastri sounded Jagdish Parmar to eliminate Gadadharanandji for a consideration of Rs.4 to 5 lakhs, but Jagdish Parmar declined to accept the offer; CC/5/2004 7/529 JUDGMENT (b) On 20/21.04.1998, accused Shri Narayan Shastri threatened Gadadharanandji that he would create havoc if he was transferred from the Kothari office and that consequences of such action would not be good for Gadadharanandji. (c)In the night of 21.04.1998, accused Shri Narayan Shastri sent Anupam Parmar, a peon in the Kothari Office, to the room of Gadadharanandji for calling him to the Kothari Office where accused Shri Narayan Shastri, Madhavdas swami and some others were present, on the pretext of having discussion with him regarding the meeting of the Board of Trustees to be held on 22.04.1998. Gadadharanandji did not come to Kothari office as he apprehended that he would be physically harmed by Shri Narayan Shastri and Shrijicharan. (d) Accused Shrijicharan Swami asked Ghanshyamdas Bhagat, Sunil Bhagat, Vishnu driver to vacate the rooms in Sant Niwas in Navli Gurukul Complex at the behest of accused Shri Narayan Shastri on 03.05.1998. As per the plan, CC/5/2004 8/529 JUDGMENT Gadadharanandji was to be lodged in Sant Niwas after being abducted from the Vadtal Temple Complex. (e) Accused Madhavdas Swami and Ghanshyam Prakash by deceitful means, induced Gadadharanandji to accompany them from his room in Vadtal Complex to Navli Gurukul Complex in a blue colour Maruti van bearing No.GJ-06-A-1894 in the afternoon of 03.05.1998. After abducting Gadadharanandji, the aforesaid accused took him to Sant Niwas in Navli Gurukul Complex and lodged him there. (f) On 02.05.1998, accused Shrijicharan Swami asked Rakshit Shah to arrange a girl for Gadadharanandji's pleasure on 03.05.1998. Rakshit Shah, along with a call girl named Minaxi Patel visited Sant Niwas on 03.05.1998 and Gadadharanandji enjoyed Minaxi Patel. Payment of Rs.1000/- was made to Rakshit Shah by accused Shrijicharan. (g) Gadadharanandji was last seen alive in the company of accused Shrijicharan Swami, CC/5/2004 9/529 JUDGMENT Madhavdas Swami, Ghanshyam Prakashdas Swami and Vijay Bhagat in the afternoon of 03.05.1998 in Sant Niwas at Navli Gurukul Complex. (h) Accused Madhavdas Swami and Vijay Bhagat were seen leaving Navli Gurukul Complex at about 5.30 p.m. On 03.05.1998 in Maruti Van No. GJ-06-A-1894. They drove to the jungle area near village Barothi in the jurisdiction of PS Bichchhuwada in Dungarpur District (Rajasthan) from where burnt dead body of Gadadharanandji was found by the Rajasthan police on 04.05.1998. (i) Accused Shri Narayan Shastri made payment of Rs.30,000/ to accused Shrijicharan Swami for meeting with expenditure of abduction, killing and disposal of dead body of Gadadharanandji. Accused Shri Narayan Shastri also made a payment of Rs.50,000/- to accused Ghanshyam Prakashdas in May, 1998. Accused Shri Narayan Shastri also made a payment of Rs.1.00 Lakh to the accused Madhavdas Swami in August,1998 as a consideration for killing Gadadharanandji. The aforesaid payments were recorded in the CC/5/2004 10/529 JUDGMENT documents recovered in the searches conducted in the residential premises of accused Shri Narayan Shastri on 28.03.1999. (j) Accused Madhavdas Swami intentionally burnt his blue colour Maruti van No. GJ-06-A-1894 on 5th/6th May,1998 with the intent to destroy evidence as this vehicle had been used in the abduction of Gadadharanandji from Vadtal temple to Navli Gurukul complex as also in the disposal of the dead body aforesaid. This vehicle, though actually registered in the name of Lakshmiprasad Swami, really belonged to accused Madhavdas Swami. (iv) On 2nd & 3rd of April, 1999 accused Madhavdas Swami voluntarily made a disclosure regarding the disposal of Gadadharanandji's dead body in the jurisdiction of PS Bichchuwada in Dungarpur District and led the Investigation Officer and the Panchas to the spot. During spot inspection, the I.O. Recovered pieces of burnt bones, ashes mixed with foilage and denture clip etc. CC/5/2004 11/529 JUDGMENT (v) Accused Shri Narayan Shastri made extra- judicial confession before Kusumben Patel two and half months after the incident and admitted having killed Gadadharanandji with the help of other accused. (vi) The dead body of Gadadharanandji was recovered from near village Barothi in the jurisdiction of PS Bichchuwada in Dungarpur District (Rajasthan) by SHO PS Bichchuwada on 04.05.1998. The post-mortem of the dead body was conducted by Dr. RK Gupta on the spot on 04.05.1998. In the postmortem report, Dr. Gupta opined as follows:- Cause of death : Asphyxia Mode of death : Strangulation. Dr.Gupta also preserved elbow joints, wrist joints, gold plated teeth and blood sample of the deceased for forensic tests etc. (vii) The SHO, PS Bichchuwada recovered a few items from the place where the dead body of Gadadharanandji was burnt i.e. a key, a half CC/5/2004 12/529 JUDGMENT burnt piece of cloth etc. SHO, PS, Bichchuwada also drew a sketch of the spot and observed that the tyre marks found on the spot appeared to be that of a Maruti Van. (viii) On the basis of the recovery from the spot by the Rajasthan Police, Jatin Bhagat has stated that the key belongs to deceased Gadadharanandji. Dr. Upen Diwanji, Dentist of Gadadharanandji, has stated that he had made golden dentures for deceased Gadadharanandji. (ix) The elbow joints, wrist joints and blood samples of the deceased have been sent to CDFD, Hyderabad for DNA fingerprinting and the expert opinion is awaited. The same will be produced in the Court as and when received. (x) The handwriting Expert's opinion has also been sought in regard to the entries made by the accused Shri Narayan Shastri in his records showing the payments made to accused Shrijicharan, Madavdas swami and Ghanshyam Prakash. The expert opinion is awaited of GEQD, CC/5/2004 13/529 JUDGMENT Hyderabad and the same will be submitted in the Court as and when received. The lock and keys have been forwarded to CFSL/ New Delhi for expert opinion and the report is awaited. Similarly, the Maruti Van bearing No. GJ-06-A- 1894 of Madhavdas Swami has also been examined by the officials of CFSL/ New Delhi and the report is awaited. The reports from the CFSL, will be submitted as and when received. (xi) According to CBI, the accused persons have committed offences punishable under section 120- B R/w sections 302, 364 and 201 of IPC substantively. (4) Initially, one Nautam Swami Guru Prakashdas Swami, Premswarup Swami and Acharya of Vadtal Gadi along with other two persons i.e. Ghanshyam Prakash Swami and Chimanbhai Parmar- one of the employee of the temple trust, were also arrested and during investigation were treated as accused, but while submitting final report under section 173 of CrPC, CBI requested the Court to discharge other five persons for want of CC/5/2004 14/529 JUDGMENT evidence against them. The ld. CJM accepted the report as prayed and registered the criminal case being Criminal Case No. 2681/1999 against the present appellants accused and ld. CJM, in turn, committed the present appellants accused to the Court of Sessions under section 209 of CrPC vide order dated 10.08.1999. The Court of Sessions at Nadiad, on committal, registered the case as Sessions Case No.369/1999 against all the present appellants accused. It appears from the record that before trial Court framed formal charge against the accused persons, CBI submitted supplementary chargesheet and placed on record statements of more witnesses examined and some more documents collected. CBI prayed for addition of 88 documents and requested the Court to add names of the witnesses in the final report at Sr.Nos.57 to 111. Muddamal article Nos. 1 to 21 were also requested to be taken up as relevant piece of evidence. After affording opportunity of being heard to the accused persons, the ld. CJM accepted the supplementary chargesheet and accused persons were provided with additional set of documents. CC/5/2004 15/529 JUDGMENT (5) Shri Jatin Bhagat, a disciple of Guru Gadadharanandji, had made a formal complaint on 05.05.1998 about missing of his Guru Gadadharanandji since 03.05.1998. Prior to filing of the complaint, police personnels of Chaklashi Police Station had started search of Guru Gadadharanandji accompanied by the disciples and concerned persons of the temple and formal entry popularly known as “Janvajog Entry” was made in Chaklashi Police Station on 05.05.1998 (exh.233). Prior to informing Chaklashi Police Station, as everybody had failed in searching missing Guru Gadadharanandji, the disciples of Guru Gadadharanandji who were worried, meanwhile had approached Acharya-Gadipati Shri Ajendraprasadji and the disciples including Jatin Bhagat were asked by him to wait for a day or two hoping for return of Guru Gadadharanandji. But as there was no trace of Guru Gadadharanandji, Jatin Bhagat informed Chaklashi Police Station on 05.05.1998 about missing of his Guru Gadadharanandji. Initially, Nadiad Town Police Station was entrusted the investigation and thereafter, CC/5/2004 16/529 JUDGMENT State CID Crimes had taken over investigation considering the sensitivity involved in the matter. The investigation remained with Nadiad Town Police for five days and with CID Crimes from 12.05.1998 to 05.10.1998. Meanwhile, Jatin Bhagat approached this Court with a petition under section 482 of CrPC being Cri. Misc. Application No.3996/1998 on 21.09.1998 and mainly prayed that (i) police may be directed to register the offence; (ii) that investigation of the case may kindly be directed to be transferred to CBI and CBI also may be asked to investigate the matter and to give periodical report to the High Court and about whereabout of Gadadharanandji. This Court, vide order dated 05.10.1998, ordered CBI to investigate the matter. Thus, CBI took over the investigation in compliance with the order passed by the High Court and registered the complaint as per the grievance expressed in the application preferred before this Court. Copy of the FIR registered by CBI on 29.10.1998 being RC No.3/ACB/98 is on record at Exh.267. The trial CC/5/2004 17/529 JUDGMENT Court framed charge against the accused persons vide Exh.11 on 07.06.2000. Before initiation of formal trial against the accused persons committed to the Court of Sessions, Jatin Bhagat had approached this Court making grievance that he has not been given an opportunity of being heard before accepting the report submitted by CBI whereby CBI had decided to drop the charges for want of evidence against five accused persons. This Court, vide order dated 06.07.2001 in Cri. Misc. Application No. 6742/2000 (Coram: BJ Shethna, J), directed the ld. Magistrate to issue notices to all concerned including the petitioner Jatin Bhagat and passed appropriate orders on merits on the strength of the papers of investigation relied on by CBI. Ld. CJM, Kheda at Nadiad, in compliance of the order passed by this Court, passed a speaking order after hearing all concerned holding that no error can be said to have been committed in dropping the charge against five accused persons, though initially they were arrested and treated as an accused till the date of submission of final report. CC/5/2004 18/529 JUDGMENT This order of ld. CJM accepting the report as submitted by CBI, has not been assailed. (6) Considering the report/chargesheet submitted by CBI and the facts emerging from the allegations made by the prosecution, the ld. Trial Judge has framed the charge on 07.06.2000 (Exh.11) for distinct offences and to appreciate the arguments that have been advanced, we would like to reproduce relevant portion of the charge translated in English as the same is in vernacular Gujarati:- “ That you accused persons along with others,with an intention to commit culpable homicide amounting to murder, hatched a criminal conspiracy during April/May-1998 to kidnap (abduct) by an illegal act, Brahmchari Shri Gadadharanandji- Chairman of Temple Committee i.e. Board of Trustees of Vadtal Swaminarayan Temple, from his residence situated at Vadtal Swaminarayan Temple and thereby, you accused persons have committed an offence punishable under section 120-B of Indian Penal Code. CC/5/2004 19/529 JUDGMENT Further, as a part of the aforesaid criminal conspiracy and in furtherance of the performance of the aforesaid criminal conspiracy,you Accused Nos.3 & 4 kidnapped/ abducted Brahmchari Gadadharanandji between 02.05.1998 and 04.05.1998 from his residence situated at Swaminarayan Temple with a view to commit culpable homicide amounting to murder and, thereby you accused Nos. 3 & 4 have committed an offence punishable under section 364 of Indian Penal Code. And you accused Nos. 1, 2 & 5, aided and abetted in the aforesaid act of kidnapping/ abduction to fulfill the criminal conspiracy hatched and thereby you accused Nos. 1, 2 & 5 along with you accused No. 3 & 4 have committed offence punishable under section 364 R/w section 120-B of the Indian Penal Code. In the alternative, at the same time and place, you accused, in collusion with each other, formed common intention to kidnap/ abduct Brahmchari Gadadharanandji to commit culpable homicide amounting to murder CC/5/2004 20/529 JUDGMENT of Brahmchari Gadadharanandji and in furtherance of the aforesaid intention, you accused have kidnapped/ abducted Brahmchari Gadadharanandji with a view to commit culpable homicide amounting to murder and, thereby, you accused have committed an offence punishable under section 364, 34 of Indian Penal Code. In the alternative, at the same time and place, you accused persons aided and abetted each other in the illegal act of kidnapping/ abduction of Brahmchari Gadadharanandji with a view to commit culpable homicide amounting to murder and thereby you accused have committed an offence punishable under section 364 R/w sec.114 of Indian Penal Code. Further, you accused persons, as a part of and to fulfill the aforesaid criminal conspiracy, after abducting/ kidnapping Brahmchari Gadadharanandji from his residence situated at Vadtal Swaminarayan Temple, you accused with an intention to CC/5/2004 21/529 JUDGMENT commit murder, caused injuries to Brahmchari Gadadharanandji which are likely to cause death of Brahmchari Gadadharanandji between 03.05.1998 and 04.05.1998 at any place between Vadtal and Navli of District Kheda and village Barothi, District: Dungarpur, Rajasthan and caused death and thereby you accused persons have committed an offence punishable under section 302 R/w sec.120-B of the Indian Penal Code. In the alternative, you accused at the same time and place, with a common criminal intention and in furtherance of the aforesaid common intention, committed murder of Brahmchari Gadadharanandji and thereby committed an offence punishable under section 302 R/w section 34 of the Indian Penal Code. In the alternative, at the same time and place, you accused have aided and abetted each other in illegal act of committing murder of Brahmchari Gadadharanandji and thereby you accused have committed an offence punishable under CC/5/2004 22/529 JUDGMENT section 302 R/w 114 of the Indian Penal Code. Further, you accused persons, at the same time and place, after commission of the offence of kidnapping/ abduction and murder, knowing or having reason to believe that an offence has been committed, with the intention of screening the aforesaid offence and with an intention to destroy/disappear the evidence, destroyed the legal evidence qua the commission of the said offence by setting ablaze the dead body of Brahmchari Gadadharanandji at village Barothi, District: Dungarpur (Rajasthan) by shifting his dead body from Vadtal and/or Navli and also by disposing of the articles which were put on the dead body and also by disposing of the Maruti Van bearing No. GJ-6A-1894 used for the commission of the aforesaid offence and thereby you accused have committed an offence punishable under section 201 of Indian Penal Code. In the alternative, at the same time and place, as a part of your aforesaid CC/5/2004 23/529 JUDGMENT criminal conspiracy, you accused persons kidnapped/ abducted Brahmchari Gadadharanandji and thereafter committed his murder and after committing his murder, with an intention to destroy/ disappear the legal evidence, with that intention and knowledge, disposed of the dead body by setting ablaze and also disposed of the articles put on on the dead body and also disposed of the vehicle used in the commission of the offence and thereby you accused have committed an offence punishable under section 201 R/w Sec.120-B of Indian Penal Code. (7) To bring home the charge, the prosecution has examined 64 witnesses. Names of all these witnesses examined and the documents tendered in evidence have been mentioned in para-4 of the impugned judgment. The ld. Trial Judge has tried to categorize these witnesses and documents. For the purpose of the present judgment, we would like to divide witnesses and documents bit in a different way for the convenience of evaluation CC/5/2004 24/529 JUDGMENT and appreciation of the judgment under challenge. PART : I (A) Witnesses named in Group: B Sr.No. Name Exh.No. (1)Jatinkumar Suryakant Gotari 101 (2)Yashwantray Bapalal Trivedi 113 (3)Ismailbhai Adambhai Vora 133 (4)Chandraprakash Swami 139 (5)Laxmiprasad Vishnujivandas 140 (6)Ramanbhai Dahyabhai Parmar 151 (7)Nazirmiya Mizammiya 152 (8)Chimanbhai Dahyabhai Parmar 153 (9)Jayantibhai Chandubhai Patel 154 (10)Fatehsinh Somabhai Parmar 157 (11)Anupbhai Kishabhai Parmar 162 (12)Jagdishbhai Ramsingbhai Parmar163 (13)Kinjalkumar Nanalal Joshi 201 (14)Premvatinand Guru Harikrishna 207 (15)Durgeshbhai Natubhai Bhatt 210 (16)Kapilbhai Narmadashankar Joshi211 (17)Kusumben Girishbhai Patel 212 (18)Dixitkumar Bhagwatprasad Dave 213 CC/5/2004 25/529 JUDGMENT (19)Nagjibhai Kanjibhai Patel 225 (20)Premswarup Swami Guru Vasudev 226 Charandasji. (21)Santoshkumar Shantilal Panchal- (B) Witnesses named in Group: C Sr.No. Name Exh.No. (1)Sureshbhai Hargovinddas Thakkar 159 (2)Shashtri Hariprakashdasji Guru 160 Vishnuprasad. (3)Babubhai Guru Haricharandas 161 (4)Rakshitkumar Pannalal Shah 165 (5)Ghanshyam Bhagat Guru Gopinath 227 (6)Utsav Dipeshbhai Tanna 228 (7)Dhirenbhai Jayantilal Lariya 239 (8)Minaxiben Himmatbhai Patel 247 PART : II PANCH WITNESSES : Sr.No. Name Exh.No. (1)Ramanbhai Maganbhai Parmar 166 (2)Dineshbhai Gordhanbhai Patel 168 (3)Gautambhai Dineshbhai Thakor 187 (4)Sunilkumar Indulal Purohit 197 (5)Mafatlal Ranchhodbhai Oza 200 (6)Mahendrabhai Vishnubhai Vyas 234 CC/5/2004 26/529 JUDGMENT (7)Pravinbhai Purshottambhai Patel238 (8)Kiranbhai Dhanjibhai 134 Following 85 documents are tendered in evidence:- Sr. No Particulars Exh.N o. 1 Application given by witness Jatin Bhagat at Chaklashi Police Station. 103 2 Chaklashi Police Station Diary Entry dated 05.05.1998 233 3 Application filed before Hon'ble Gujarat High Court being Misc.Appl.No.3996/1998 dated 21.09.1998 105 4 Letter dated 16.10.1998 by CID Crime Br. 278 5 First Information Report RC No.3/ACB/98 CBI, Mumbai dated 29.10.1998 267 6 Application given to ld. CHM, Nadiad for addition of sec.364 of IPC dt;26.03.1999 298 7 Report dated 06.04.1999 given to ld. CJM, Nadiad for addition of Sec.302 of IPC. 299 8 Wireless message made by Chaklashi Police Station 257 9 Panchanama of the place of offence made by Chaklashi Police Station. 169 10 Panchanama dated 02.04.1999 disclosure of place of offence by Accused No.3 Madhavdas 188 11 Panchanama of recovery of articles from the place of offence dated 03.04.1999 191 12 Panchanama regarding recovery of muddamal from Bichchuwada Rajasthan 192 CC/5/2004 27/529 JUDGMENT Sr. No Particulars Exh.N o. Police Station dated 04.04.1999 13