NAGINBHAI AMBALAL SOLANKI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) 1. The appellant came to be tried by the Sessions Court, Mehsana camping at Patan for the offence of murder of Mevabhai Maganbhai Solanki allegedly committed by the appellant on 19.8.1998 at the Civil Hospital, Patan by administering poison to deceased Mevabhai intravenous.

(2.) The prosecution case in brief is that the appellant had lured certain persons to part with money for securing a job in the government hospital. Accordingly, deceased Mevabhai had collected money to the tune of Rs.1,60,000/- and had approached the 20 appellant for making the payment. The appellant, however had other plans. He, in order to grab the money planned a murder of Mevabhai. He, therefore, made Mevabhai to consume liquor and then by preparing false case paper in name of his own brother made deceased to lie down and then brought bagon spray and, thereafter, infused the same in the body of the deceased along with intravenous fluid. Thereafter he took the deceased in an autorickshaw to Harij and from there he again took the deceased to Siddhpur allegedly for cremation. The deceased was taken to the crematorium by the accused and there they 35 were noticed by some persons. Ultimately, the police came arid arrested the accused. The accused was found with the deceased so also Rs.1,60.000/-. An offence was registered and investigation started. Post- mortem was performed, viscera collected and sent to the FSL for examination. The FSL report indicated presence of poison in the viscera. During the investigation, the accused discovered the bottle of intravenous fluid, the tin of bagon spray and IV set with the help of which the fluid was administered. These articles were also sent to the FSL, for examination and were found to contain traces of bagon poison. It is the say of the prosecution that on the eventful day, the accused was not supposed to be on duty during the night. But he was noticed in the hospital during the night by witnesses and on being questioned, he gave an excuse that his cousin has fallen ill and is brought to the hospital for treatment. When asked if he would like the doctor to be summoned he refused for the help of the doctor and said that he would himself administer medicine. The police, thereafter, ultimately filed charge-sheet having found sufficient material against the appellant. Learned J.M.F.C., in turn committed the case to the Court of Sessions and Sessions Case No.293 of 1998 came to be registered.

(3.) We have heard learned advocate Mr.Buddhbhatti appearing for the appellant and learned A.P.P.Ms.Patel for the respondents.