Accused found guilty of administering poison, motivated by suspicion of an affair, leading to double homicide.
In a significant judgment, the Gujarat High Court has upheld the conviction of Shamji @ Sunil @ Dakudo in a chilling double murder case that shook the village of Jetpur in Rajkot. The Division Bench, comprising Justices Ilesh J. Vora and R.T. Vachhani, delivered the verdict on February 20, 2026, affirming the life sentence imposed on the accused by the Additional Sessions Judge, Jetpur.
The case revolves around the murder of two individuals, Manish Babubhai Makwana and Kaushal Rasikbhai Parekh, who were poisoned with sodium nitrate-laced fruit beer by the accused. The prosecution successfully established a chain of circumstantial evidence pointing conclusively to Shamji's guilt. The motive was rooted in the accused's suspicion of an illicit affair between his wife and one of the deceased, Manish Babubhai.
The court meticulously dissected the circumstantial evidence, emphasizing the necessity of proving a conclusive chain of events that leaves no room for alternative hypotheses. The accused's actions were driven by a clear motive of revenge, having suspected an affair between his wife and Manish Babubhai. This suspicion, coupled with the accused's opportunity to administer the poison, fortified the prosecution's case.
The judgment also addressed the delay in lodging the FIR, which was explained satisfactorily as a result of trauma experienced by the victims' families. The court accepted this reasoning, dismissing the defense's argument that the delay rendered the prosecution's case unreliable.
Key witnesses, including the deceased's friends and a pan shop owner, corroborated the prosecution's narrative. Despite the absence of Call Detail Records (CDRs), the court found the witness testimonies credible and sufficient to uphold the conviction. The judgment underscores the principle that circumstantial evidence, when reliable and consistent, can form the basis for a conviction.
The court reaffirmed the principles governing cases based on circumstantial evidence, citing precedents from the Supreme Court. It underscored that the evidence must be so conclusive as to exclude every hypothesis except the guilt of the accused.
In rejecting the appeal, the Gujarat High Court ordered the accused to surrender within eight weeks to serve the remainder of his life sentence. The verdict serves as a stern reminder of the judiciary's commitment to upholding justice, even in cases reliant solely on circumstantial evidence.
Bottom Line:
Circumstantial Evidence - Conviction based on circumstantial evidence requires conclusively proved chain of events pointing solely to the guilt of the accused, excluding any other hypothesis. Case of poisoning requires proof of death by poison, possession of poison by accused, and opportunity to administer poison.
Statutory provision(s):
Indian Penal Code, 1860 Sections 302, 201; Criminal Procedure Code, 1973 Section 313; Indian Evidence Act, 1872 Section 3
Shamji @ Sunil @ Dakudo v. State of Gujarat, (Gujarat)(DB) : Law Finder Doc id # 2857230
