|REPORTABLE |
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELATE JURISDICTION
CRIMINAL APPEAL No. 1805 of 2012
(Arising out of SLP (Crl.) No. 3198 of 2011)
Shantibhai J. Vaghela and Anr. … Appellant (s)
Versus
State of Gujarat and Ors. … Respondent(s)
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 T
RANJAN GOGOI, J
Leave granted.
2. The present appeals seek to challenge a judgment dated 10.01.2011
passed by the High Court of Gujarat at Ahmedabad allowing Criminal
Miscellaneous Application No. 13519 of 2009 filed by the accused
(respondents herein) seeking quashing of the criminal case registered
against them under Section 304 of the Indian Penal Code. By its aforesaid
order the High Court has also dismissed Special Criminal Application No.
770 of 2009 filed by the appellants, Shantibhai J. Vaghela and Prafulbhai
J. Vaghela, seeking investigation of the aforesaid case against the accused
by the Central Bureau of Investigation. The High Court has, however,
directed that the proceedings against the accused –respondents so far as
the offence under Section 304A of the IPC and Section 23 of the Juvenile
Justice (Care and Protection) Act, 2000 may continue.
3. The core facts in which the aggrieved parties had moved the High
Court may now be noticed:
The appellants – Shantibhai J. Vaghela and Prafulbhai J. Vaghela, who
are related to each other, are the fathers of one Dipesh (born 1998) and
Abhishek (born 1999). The aforesaid two children were admitted in Class VI
and V respectively in a Gurukul located in an Ashram of Sant Shree
Asharamji situated at Motela. They were residing in the Gurukul of the
Ashram. On 03.07.2008 both the children had gone to the dining hall of the
Gurukul at about 8.00 PM to have their dinner. At the time of taking the
attendance of the students after dinner, the watchman, one Shri Naresh
Dangar, could not find the children and therefore had informed the said
fact to Gruhapati Shri Pankajbhai Saksena. On receipt of the said
information the aforesaid person, i.e. Pankajbhai Saksena contacted the
appellant – Prafulhai J. Vaghela on telephone to convey the information
that the children were not to be found in the Gurukul. Both the appellants
– Shantibhai B. Vaghela and Prafulbhai J. Vaghela immediately came to the
Gurukul and after meeting Pankajbhai Saksena and some other persons working
in the Gurukul, the appellants went in search of the missing children.
However, they could not be recovered till about 12.30 AM. At the
suggestion of Shri Pankajbhai Saksena that the children may have gone to
sleep in some other place the search for the children was abandoned and
resumed 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 not
be located. The appellants insisted that the Ashram should inform the
police about the disappearance of the two children. However, the Ashram
authorities avoided doing so on one pretext or the other and eventually the
appellants themselves informed the concerned police station at about
midnight of 04/05.07.2008. On 05.07.2008 at about 6.30 PM the dead bodies
of the children were found from the bed of the river Sabarmati which was
located by the side of the Ashram. The dead bodies were promptly sent for
post-mortem examination and, thereafter, were handed over to the respective
families for cremation.
4. It appears that there was a public out cry over the incident and the
State Government by Notification dated 21.07.2008 appointed a Commission of
Inquiry consisting of a retired Judge of the High Court of Gujarat. It
appears that an elaborate inquiry/investigation of the incident was carried
out, initially, by the Sabarmati Police Station of Ahmedabad city and,
thereafter, by the CID Crime Branch under the direct supervision of Deputy
Inspector General of Police. In the course of the inquiry, statements of
the several inmates of the Ashram were recorded. Of particular significance
would be the examination of one Hetalben Swarupbhai who had first noticed
the dead bodies floating in the Sabarmati river at about 10.00 AM of
04.07.2008. In the course of the aforesaid inquiry/investigation summons
under Section 160 of the Code of Criminal Procedure were issued to
Journalists of different newspapers as well as the electronic media to
gather information with regard to the incident in question. Similarly, a
press note was also issued in the newspapers asking for information in
respect of the incident. However, there was no response to the summons
issued or the press note published by the investigating agency. While the
aforesaid inquiry/investigation was continuing, the appellants -
Shantibhai J. Vagehla and Prafulbhai J. Vaghela instituted Special Criminal
Application No.770 of 2009 in the High Court. In the said application
details of the incident, as noticed above, were mentioned by the appellants
who had sought an order directing the Superintendent of Police, CBI,
Gandhinagar (impleaded as respondent No.2) to register the criminal
offence(s) as may be disclosed by the statements made in the application
filed before the High Court and for further directions to carry out a
proper investigation in respect of the incident of the mysterious death of
the two children.
5. During the pendency of the aforesaid Special Criminal Application
No.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 Station
in respect of the incident alleging commission of offences under Section
304/34 of the Indian Penal Code and Section 23 of the Juvenile Justice
(Care and Protection) Act. Seven inmates of the Ashram were named as the
accused who were suspected to be involved with the offences alleged.
6. The FIR lodged against the seven inmates of the Ashram, in so far as
the offence under Section 304 IPC is concerned, came to be challenged
before the High Court by the accused named therein. Criminal Miscellaneous
Application No. 13519 of 2009 filed by the aforesaid accused was heard
along with Special Criminal Application No. 770 of 2009 filed by appellants
– Shantibhai J. Vaghela and Prafulbhai J. Vaghela. Both the applications
were 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 no
offence against the accused under Section 304 IPC was made out, has quashed
the FIR in so far as the aforesaid provision of the Penal Code is
concerned. However, investigation and further steps with regard to the
offence under Section 304 A and Section 23 of the Juvenile Justice (Care
and Protection) Act is concerned was permitted to continue. The High Court
by the aforementioned order also disposed of Special Criminal Application
No. 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 Gujarat
and the parents of the deceased children – Shantibhai J. Vaghela and
Prafulbhai J. Vaghela have instituted the present appeals. It may be
specifically noticed, at this stage, that while the appeals had remained
pending before the Court, charge sheet dated 31.08.2012 under section 304-
A/34 and section 114 IPC as well as Section 23 of the Juvenile Justice
(Care and Protection) Act has been submitted against the 7 accused named in
the FIR dated 7.11.2009.
7. We have heard Shri Colin Gonsalves, Learned senior counsel for the
appellants Shantibhai J. Vaghela and Prafulbhai J. Vaghela, Mrs. H. Wahi,
learned counsel for the State, Shri Shekhar Naphade, learned senior counsel
for the respondents and Shri H.P. Raval, ASG.
8. Shri Gonsalves has very elaborately taken us through the materials on
record particularly the FIR dated 07.11.2009, the post-mortem reports and
the several correspondences exchanged between the officers of the
investigating agency and the Department of Forensic Medicine, BJ Medical
College, Ahmedabad as well as the Deputy Director of the State Forensic
Laboratory with regard to certain findings recorded in the post-mortem
report. It has been submitted that a consideration of the aforesaid
materials clearly indicate that the High Court was not justified in
interdicting the investigation of the case registered in so far as the
offence under Section 304 IPC is concerned. According to the learned
counsel, there is ample room for due investigation of the said offence and,
therefore, the same should be allowed to be brought to its logical
conclusion. It is further submitted that notwithstanding the filing of the
charge sheet dated 31.08.2012 there is ample power in the court to order
investigation in so far as the offence under Section 304 IPC is concerned.
It is also contended that having regard to the pre-eminent social status of
the Bapuji Ashram and the evident role of the Ashram authorities in
scuttling the fair investigation of a palpable crime, further investigation
by the independent agency like the CBI should be ordered by this court.
9. Learned counsel for the State of Gujarat has submitted that the State
is aggrieved by only that part of the order by which investigation of the
offence under Section 304 IPC has been interfered with by the High Court.
Learned State counsel has categorically submitted that further/fresh
investigation in so far as the offence under Section 304 IPC is concerned
can be effectively performed by the State Police and in fact the State is
agreeable to constitute a Special Investigation Team for the said purpose
if so ordered by the court.
10. In reply, Shri Naphade, learned senior counsel for the accused, has
urged that registration of a FIR alleging a specific criminal offence
against any person and investigation of the same can be made only on the
basis of some acceptable material disclosing the commission of the offence
alleged. No such basis is discernible in the present case. According to
learned counsel a reading of FIR does not reveal any material to establish
any of the ingredients of the offence under Section 304 IPC against any of
the accused. What has been alleged in the FIR, according to learned
counsel, is negligence or lapses on the part of the Ashram authorities in
not conducting a timely, proper and effective search of the missing
children; in not informing the police about the incident and in not
blocking the passage from the Ashram to the Sabarmati river. The High
Court, according to learned counsel, therefore, rightly ordered
investigation of the offence under Section 304 A IPC and charge sheet has
been filed against all the accused under the aforesaid Section of the
Penal Code. Shri Naphade has further urged that no material, whatsoever,
has been brought on record to implicate any of the accused with the offence
under Section 304 IPC. Shri Naphade has also submitted that the post-
mortem report does not rule out and, in fact, the same strongly suggests
that death of children had occurred due to drowning and the injuries on the
bodies and the disappearance of some of the vital organs of deceased –
Dipesh is due to the attack on the dead body by wild animals. Learned
counsel, therefore, has contended that no case for further investigation,
much less by an independent agency, is made out.
11. It may be appropriate at this stage to notice the opinion rendered by
the Department of Forensic Medicine, BJ Medical College, Ahmedabad with
regard to the cause of death of Dipesh and Abhishek which may be
conveniently extracted below:
“Deceased Dipesh Prafulbhai Vaghela:
-Body is in stage of decomposition and mutilation.
-No ante mortem injury is detected over available parts of
body.
-Toxicology report shows “No chemical poison detected.
-FSL report shows “Presence of diatoms could not detected.
Considering above, FSL report and postmortem findings
possibility of death due to drowning cannot be ruled out, however,
“no definite opinion regarding cause of death can be given.”
Deceased Abhishek Shantilal Vaghela:
“ -Body is in stage of decomposition.
-No ante mortem injury is detected over available parts of body.
-Toxicology report shows “No chemical poison detected”.
-FSL report shows “Presence of diatoms could not detected.
Considering above, FSL report and postmortem findings
possibility of death due to drowning cannot be ruled out. However, “no
definite opinion regarding cause of death can be given.”
12. To appreciate the contentions advanced by the rival parties, relevant
portions of the post-mortem report of Dipesh Prafulbhai Vaghela may also be
extracted hereunder:
“ . . . . . .
(2) External examination
. . . . . .
|(12) Proof of dead body & it |Body is in state of decomposition |
|signs – (during examination of |hence PM lividity is not |
|dead body its – hips, waist, dead |appreciated. Foul smell is coming |
|body & thighs or some growth, |from body. 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. 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. 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. 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. Margins are |
|by aquatic animal (cutis Anserina)|pale, irregular and without vital |
|if any, record be made regarding |reactions. |
|wrinkles on skin. | |
| | |
|. . . . . . . . | |
(3) Internal examination
|. . . . . | |
|(20) Chest:- |c) Trechia & larynx identified |
|(c) Larynx, trachea and thyroid |food particles and mud found |
|bone |present and appreciated in trechea|
| |thyroid bone and larynx identified|
| |and intact. No injury appreciated|
|................ |in available parts including soft |
| |tissue of neck. |
| | |
| | |
|(21) . . . . . | |
|Small intestine & its contents |Missing |
|Large intestine & Its contents |Missing |
|Liver its wt. & gall bladder |Missing |
|Stomach & suprarenals |Missing |
|Spleen (with wt.) |Missing |
|Kidneys (with wt.) |Missing |
|Bladder |Missing |
|Genitalia |No injury found. |
Abhishek Shantilal Vaghela:
“ . . . . . .
(2) External examination
. . . . . .
|(12) Proof of dead body & it |Body is in stage of decomposition |
|signs – (during examination of |hence PM lividity is not |
|dead body its – hips, waist, dead |appreciated. 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. 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. Mouth is |
|nostrils (if any). |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. | |
| | |
|. . . . . . . . | |
|(17) Blunt or cut injuries on |1. Both ears in pinna region are |
|external parts of body, its type, |missing. Margins are irregular |
|condition size and direction be |pale without vital reactions |
|noted with proper care and |nibbled by animals. |
|probable time of injury and its | |
|reason be noted. | |
| | |
|Petechial haemorrhage or |2. Second, third, fourth and fifth|
|collection seen if any, then |toes of right foot are missing |
|condition of muscles and ligaments|meta torsals bones exposed, |
|under the skin of that area? |margins irregular and pale, No, |
| |vital reactions found. Present |
|Notice:- if there are innumerable|nibbling by animals appreciated. |
|injuries which can’t be noted in | |
|given space, then a signed |No, ante mortem injury detected |
|supplement be attached to it with |over the available parts of the |
|details |body. |
| | |
|.................... | |
(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 |
13. We have already referred to the series of communications exchanged
between the officers of the investigating agency and the Department of
Forensic Medicine, BJ Medical College, Ahmedabad as well as the Deputy
Director of the State Forensic Laboratory in an earlier part of this order.
Such communications are in the form of queries made by the investigating
agency and the replies of either the Department of Forensic Medicine of the
BJ Medical College or the authorities of the State Forensic Laboratory to
such queries. The relevant contents of the said correspondence placed
before us may be summarized below:
1. Though there are tear marks over the clothes there are no cut marks
found on the bodies of the deceased.
2. Presence of diatoms in cases of death by drowning may not always be
found e.g. in case of dry drowning. At times the drowning medium
(water) may not contain any diatoms.
3. Food particles and mud were found in trachea of both the deceased.
4. 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.
5. No shaving of scalp hairs was found in either case and also no
injuries over the neck to draw blood were detected.
6. The disappearance of organs from the body of the deceased - Dipesh
may have been due to wild animals pulling or carrying the same
away.
14. Before proceeding any further in the matter it will be appropriate for
us to notice the tenor of allegations mentioned in the FIR dated 07.11.2009
filed in respect of the incident in question. The aforesaid FIR was filed
after more than one year of the incident and after holding of a detailed
inquiry/investigation into the incident. What has been alleged in the FIR
is that on account of the delay on the part of the accused in organising a
prompt and effective search of the missing children they could not be
recovered alive, and in fact, even the dead bodies of the children could
not be traced out for several days. The specific stand taken in the FIR is
that had a prompt search been carried out, possibly, the children could
have been found alive or, at least, the dead bodies could have been
recovered earlier so as to enable an effective post-mortem of the bodies to
determine the precise cause of death. It is also alleged that the Ashram
authorities had advised the parents of the children to resort to various
tantric practices to find out about the whereabouts of the children instead
of promptly approaching the police. The failure of the said authorities to
effectively man the gates behind the ashram adjoining the river bed have
also been highlighted in the FIR as another omission on the part of the
ashram authorities so as to give rise to the commission of the offence of
culpable homicide.
15. Two other aspects of the matter also need to be dealt with at this
stage. In the opinion rendered by the Department of Forensic Medicine BJ
medical College, Ahmedabad with regard to cause of death of the two
children, as extracted above, it is recorded that “presence of diatoms
could not be detected”. Relevant literature has been laid before the court
to show that: “diatoms are among the well known water planktons............
Every water body has its own diatom diversity...... Diatoms are commonly
found in water bodies like ponds, lakes, canals and rivers etc. but their
concentration can be low or high in a particular water body, depending upon
the season........”
16. The following extract from the works/literature placed before the court
would also require a mention to understand the significance of the absence
of diatoms as mentioned in the report of the Department of Forensic
Medicine BJ Medical College, Ahmedabad.
“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..........”
17. The second significant fact which has to be noted is the meaning of the
expression “without vital reactions” as appearing in different parts of
the post mortem reports under Col. 12,13,14 of part II – external
examination. In the statement of the doctor who had conducted the post-
mortem on the dead bodies of the children (as testified before the
commission of enquiry appointed by the State Government), it has been
explained that “if a person is living and is injured then whatever injury
is caused, the process causing the injury is called vital reaction.” In
fact in a published medical work placed before the Court by the learned
counsel for the respondent, Shri Naphde, it is mentioned that when a wound
is inflicted on a living organism a series of events is triggered called
vital reaction.
18. Section 299 IPC defines culpable homicide as causing of death by
doing an act with the intention of causing of death or with the intention
of causing such bodily injury as is likely to cause death or with the
knowledge that by such act death is likely to be caused. Under Section 300
IPC all acts of culpable homicide amount to murder except what is
specifically covered by the exceptions to the said Section 300. Section 304
of Indian Penal Code provides for punishment for the offence of culpable
homicide not amounting to murder.
19. Commission of the offence of culpable homicide would require some
positive act on the part of the accused as distinguished from silence,
inaction or a mere lapse. Allegations of not carrying out a prompt search
of the missing children; of delay in the lodging of formal complaint with
the police and failure to take adequate measures to guard the access from
the ashram to the river, which are the principal allegations made in the
FIR, cannot make out a case of culpable homicide not amounting to murder
punishable under Section 304 IPC. To attract the ingredients of the said
offence something more positive than a mere omission, lapse or negligence
on the part of the named accused will have to be present. Such statements
are conspicuously absent in the FIR filed in the present case. A reading
of the relevant part of the opinion of the Forensic Medicine Department of
the BJ Medical College Ahmedabad would go to show that possibility of death
of the children by drowning cannot be ruled out. Expert opinion available
on record indicates that mere absence of diatom will not exclude the
aforesaid possibility. The relevant part of the post mortem report, as
extracted, indicates presence of mud in the trachea of the children which
fact also point to the possibility of death by drowning. The absence of
any injuries on the body of the deceased; the attack on the bodies by wild
animals and the possibility of the taking away of the missing organs of the
deceased Dipesh by wild animals are all mentioned in the post-mortem
report. The said facts cannot be excluded or ignored while construing the
prima facie liability of the accused named in the FIR. The absence of any
positive material to show the practice of black magic in connection with
the incident is another significant fact that has to be taken note of.
Taking into account all the aforesaid facts it cannot be said that the High
Court, in the present case, had committed any error in exercising its
jurisdiction to interdict the investigation of the offence under section
304 IPC against the accused named in the FIR. Such power, though must be
exercised sparingly, has to be invoked if the facts of any given case so
demand. This is precisely what the High Court had done in the present case
without departing from any of the well settled principles of law emanating
from the long line of decisions of this court noticed in Asmathunnisa Vs.
State of Andhra Pradesh rep. by the Public Prosecutor, High Court of Andhra
Pradesh, Hyderabad[1].
20. Our above view, naturally, has to be understood to be confined to the
present stage of the proceedings and without, in any way impairing the
powers of the Trial Court under Section 216 or Section 323 of the Code of
Criminal Procedure. In fact we reiterate as held by this court in Central
Bureau of Investigation & Ors. Vs.Keshub Mahindra & Ors.[2] that the powers
under the aforesaid provisions of the Code will always be available for
exercise if subsequent facts would justify resort to either of the
provisions. We also deem it appropriate to add that though several
decisions of this court had been placed before us to demonstrate that it
is open to this Court to direct further investigation by the CBI even after
the State police may have filed the charge sheet upon completion of its
investigation, we do not consider it necessary to go into any of the said
decisions in view of our conclusions as recorded above. The mere
reiteration of the availability of the judicial power to direct further
investigations even after filing of the charge sheet as held in Narmada
Bai Vs. State of Gujarat & Ors.[3] would suffice for the present.
21. Consequently, and in the light of the foregoing discussions we
dismiss the appeals subject to our observations as above.
................J.
[P. SATHASIVAM]
................J.
[RANJAN GOGOI]
New Delhi,
09th November, 2012
-----------------------
[1] (2011) 11 SCC 259
[2] (2011) 6 SCC 216.
[3] (2011) 5 SCC 79
-----------------------
33
