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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
A.S. SUPEHIA, VIMAL K. VYAS, JJ.
Dinubhai Bogabhai Solanki – Appellant
Versus
State of Gujarat and Others – Respondents
Criminal Appeal Nos. 2163, 2177, 2179, 2194, 2196, 2198, 2241 of 2019
Decided On : 06-05-2024
JUDGMENT :
A.S. SUPEHIA, J.
| INDEX | |
| S. No. | Particulars |
| 1 | Preface |
| 2 | Brief facts of the case |
| 3 | Submissions on behalf of A-7, Dinubhai B. Solanki (in Cri. Appeal No. 2163/2019) |
| 4 | Submissions on behalf of A-4, Pratapbhai @ Shivabhai Hamirbhai Solanki (nephew of A-7) (in Cri. Appeal No. 2198/2019) |
| 5 | Submissions on behalf of A-1, Bahadursinh Dhirubha Vadher, (Police Constable) (in Cri. Appeal No. 2194/2019) |
| 6 | Submissions on behalf of A-2, Pachanbhai Gopalbhai @ Shivabhai Desai (in Cri. Appeal No. 2241/2019) |
| 7 | Submissions on behalf of A-5, Udaji Kantiji Soneji Thakor (in Criminal Appeal No. 2177/2019) |
| 8 | Submissions on behalf of A-3, Sanjay Parbatbhai Chauhan (in Criminal Appeal No. 2179 of 2019) |
| 9 | Submissions on behalf of A-6, Shailesh Nanalal Pandya (shooter) (in Criminal Appeal No. 2196 of 2019) |
| 10 | Submissions on behalf of the CBI |
| 11 | Submissions of amicus curiae |
| 12 | Analysis of evidence of witnesses and findings |
| 13 | Deposition of Family Members and relatives of deceased |
| 14 | Deposition of Independent witnesses |
| 15 | Evidence of the Test Identification Parade |
| 16 | Evidence of the Nodal Officers |
| 17 | Evidence of the Investigating Officers |
| 18 | Details of illegal activities of A-7 |
| 19 | Analysis of circumstantial evidence |
| 20 | Detailed Analysis Report (Exh.869) and Section 65B of the Evidence Act |
| 21 | Handwriting comparison by the trial Court by invoking section 73 of the Evidence Act |
| 22 | Money Transactions |
| 23 | Main incident of shooting |
| 24 | KURTA (long sleeve shirt) found in the motorcycle |
| 25 | Findings of the trial Court on use of Motorcycle in the offence |
| 26 | Motive for commission of Crime |
| 27 | Statements under section 313 of the Cr.P.C. |
| 28 | Police statements |
| 29 | Opinion on the findings and observations of the trial Court |
| 30 | Flaws in the Investigation |
| 31 | Perjury by the witnesses |
| 32 | Final Order |
“Satyamev Jayate” - “Truth alone Triumphs”
A Sanskrit text from Munduka Upanishad (800-500 BC) is adorned as a dictum under the Emblem of India.
1. The instant case will be reminisced as an antithesis to “Satyamev Jayate.” Intriguingly, the assailants chose “Satyamev” Complex, opposite “High Court of Gujarat” to commit murder of deceased, an “RTI activist” a litigant of PIL’s. He was shot dead on 20.07.2010. The investigation, right from the inception, appears to be an eyewash. Albeit, the complainant, a police constable was present few feet away; he immediately on his motorcycle followed/went towards the direction of fleeing assailants, who were on legs; the first Investigating Officer arrived within 55 seconds, and the top Police Officials arrived within twenty minutes at the scene of offence; however, it is appalling and equally astounding that the assailants were not apprehended, and they “escaped” [emphasis added] from the limits of Ahmedabad City. This speaks volumes on the quick response of the police and their efforts to nab the assailants. All efforts are made to see that the truth is buried forever; the perpetrators have succeeded in doing so. Evenly, the trial Court has conducted the trial proceedings with a predetermined notion of conviction.
2. The captioned appeals filed under section 374(2) of the Code of Criminal Procedure, 1973 (Cr.P.C.) are directed against the common judgment and order of conviction dated 11.07.2019 passed by Special Judge CBI, Court No. 1, Ahmedabad in Special (CBI) Sessions Case No. 2 of 2014, No. 1 of 2014 and No. 3 of 2014, whereby the accused have been convicted for the offence under Section 302 read with Sections 120B and 201 of the Indian Penal Code, 1860 (IPC). The trial Court, after recording that 31 witnesses have given false evidence in favour of the accused during the course of re-trial, has further directed for initiation of proceedings under section 340 of the Cr.P.C. read wi
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