IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL APPEAL (AGAINST CONVICTION) NO. 1597 of 2013 FOR APPROVAL AND SIGNATURE:

HONOURABLE MR. JUSTICE ILESH J. VORA and HONOURABLE MR. JUSTICE R. T. VACHHANI ==========================================================

Approved for Reporting Yes No ==========================================================

SHAMJI @ SUNIL @ DAKUDO S/O KALUBHAI MER Versus STATE OF GUJARAT ==========================================================

Appearance:

MR P P MAJMUDAR(5284) for the Appellant1 MR RONAK RAVAL APP for the Respondent ==========================================================

CORAM:HONOURABLE MR. JUSTICE ILESH J. VORA and HONOURABLE MR. JUSTICE R. T. VACHHANI Date : 20/02/2026

ORAL JUDGMENT

(PER : HONOURABLE MR. JUSTICE ILESH J. VORA)

1. This conviction appeal is directed against the judgment and order of conviction dated 27.08.2013, passed by the learned Additional Sessions Judge, Jetpur at Rajkot, in connection with Sessions Case No. 64 of 2011, by which, the sole accused Samji @ Sunil @ Dakudo Kalubhai was convicted under Sections 302 of Indian Penal Code and sentenced to suffer life imprisonment and fine amount of Rs.1000/- and in default in payment of fine, to suffer simple imprisonment of 3 months and also convicted and sentenced under Section 201 of the Indian Penal Code and is directed to suffer 2 years imprisonment with Rs.300/- fine and in default thereof, to suffer 7 days simple imprisonment.

2. The case of the prosecution, leading to conviction of the appellant accused is as follows:

2.1 This is a case of double murder. The names of deceased are Manish Babubhai Makwana and Kaushal Rasikbhai Parekh. The deceased and the appellant accused are resident of village: Jetpur at Rajkot and before the incident, they were close friends. The incident of murder was being occurred on 15.05.2011 in the noon hours at Jetpur. Before the incident, the appellant accused was having suspicion that his wife had an affair with deceased Manish Babubhai and on that count, there was a quarrel between them. In order to take revenge of the said relationship, the appellant accused invited the deceased Manish Babubhai and Kaushal Rasikbhai for having cold drinks at his home. The invitation was received on the mobile of deceased Kaushal and at that time, the deceased Kaushal Parekh and deceased Manish Makwana along with other two friends namely Paresh Chandubhai @ Hakli and Manish @ Karabhai were assembled near the temple of the village. Both the deceased went to the house of the accused appellant. The appellant accused offered the fruit beer to both the deceased. In the fruit beer, the appellant accused had mixed the poisonous substance (Sodium Nitrite). Both the deceased after drinking the poisonous fruit beer left the house of the appellant accused and came at the temple place. After sometime, both the deceased went into semi unconscious state of mind. The witness Paresh @ Hakli noticed them and accordingly, they were taken to the private Hospital at Village: Jetpur and before treatment could be administered to them, they passed away.

2.2 On the basis of registration of accidental death, the Jetpur Police sent the dead body for postmortem. The cause of death was due to cardio respiratory failure due to injection of poison, which later on identified as Sodium Nitrite.

2.3 The FIR came to be filed by the brother of the deceased Kaushal Rasikbhai Parikh on 20.05.2011, inter-alia alleging that, after the sad demise of his brother, they were in trauma, and thereafter, the friend of deceased Kaushal told and informed that, both the deceased were invited by the appellant accused for taking cold drinks at his home and on account of his repeated request on the mobile phone, both the deceased agreed to go at the home of the appellant and after sometime, both the deceased found in the semi unconscious state of mind, allegedly, lying on the bench of temple. In short, the complainant alleged in the complaint that both th