IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL APPEAL NO. 418 of 2013 FOR APPROVAL AND SIGNATURE:

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

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

KAMAL KISHOR @ RAJU SURENDRASINGH SUDAMASINGH YADAV Versus STATE OF GUJARAT ==========================================================

Appearance:

MR P P MAJMUDAR(5284) for the Appellant(s) No. 1 MR. VIPUL B SUNDESHA(6689) for the Appellant(s) No. 1 MR JK SHAH APP for the Opponent(s)/Respondent(s) No. 1 ==========================================================

CORAM:HONOURABLE MR. JUSTICE ILESH J. VORA and HONOURABLE MR. JUSTICE R. T. VACHHANI Date : 06/02/2026

ORAL JUDGMENT

(PER : HONOURABLE MR. JUSTICE R. T. VACHHANI)

1. Feeling aggrieved and dissatisfied with the judgment and order of conviction and sentence dated 01/11/2012 passed by the learned Sessions Judge (Principal Court), Gandhinagar in Sessions Case No.31 of 2012, whereby the appellant – accused has been is convicted and sentenced to undergo life imprisonment for offence punishable under sections 302 of the Indian Penal Code along with the fine of Rs. 20,000/-, in default of which further six months of simple imprisonment; convicted and sentenced to undergo life imprisonment for offence punishable under sections 307 of the Indian Penal Code along with the fine of Rs. 10,000/-, in default further four months of simple imprisonment is imposed; convicted and sentenced to undergo five years of rigorous imprisonment for offence punishable under sections 328 of the Indian Penal Code along with the fine of Rs.6,000/- in default of which further three months of simple imprisonment, the appellant has preferred the present appeal under Section 374 of the Code of Criminal Procedure, 1973 (“the Code” for short).

2. The brief facts leading to the filing of the present appeal are as under:

2.1 It is the case of prosecution that the sister of the appellant was having an affair with one Gaurang Prajapati and when the appellant came to know about the said affair prior to four months from filing of the F.I.R., the appellant sought help of his friends namely deceased Mangalsinh Maiyadin Prajapati, the informant- Manish Rathod and the victim- Pankaj Upadhyay, to help him in eliminating the said Mr.Gaurang Prajapati, but the said three friends of the appellant denied helping him in eliminating Gaurang Prajapati. It is further alleged that keeping grudge of the same after four months, the appellant with the intention to commit murder of all his three friends namely deceased- Mangalsinh Maiyadin Prajapati, Manish Rathod and Pankaj Upadhyay, on 22.01.2012, the appellant invited them to party saying that it is being arranged towards his pending birthday party. It is further alleged that thereafter, liquor was arranged and all of them decided to involve in such party, whereby the appellant brought three dabelis mixing aconite poison therein and when they were partying the appellant gave them the said dabeli to eat, and after consuming the same, three friends of the appellant started vomiting, thereafter, they were admitted to the Satyamev Hospital, where the deceased- Mangalsinh Maiyadin Prajapati died and the two were given medical treatment and thus, the appellant committed offence punishable under section 307, 302, 328 and 120B of the Indian Penal Code, 1860.

2.2 Accordingly, FIR being CR No.14 of 2012 came to be registered with Chandkheda Police Station. The Police after investigation charge- sheeted the accused for the aforesaid offences before the learned JMFC, Court. However, as the said Court lacks jurisdiction to try offence under Section 302 IPC, the case was committed to the Sessions Court. On conclusion of evidence on the part of the prosecution, the learned Sessions Court put various incriminating circumstances appearing in the evidence to the respondent-accuse