STATE OF GUJARAT Vs. SAHDEVSINH RAMSINH SOLANKI

JUDGEMENT

(1.) This appeal is filed by the State challenging the judgment of acquittal of the learned Sessions Judge, Bhuj in Sessions Case No.75 of 1990, insofar as original accused no.1 and 2.

(2.) Briefly stated, the prosecution version was that deceased P.M.Saija was an officer of Gujarat Electricity Board ('GEB' for short) and at the relevant time, was posted at Bhuj. He was residing in the official quarter at GEB colony, Bhuj. The original accused, seven in number, were also the employees of GEB. They were active members of a union of GEB. In the process of representing the issues of the employees, the accused had in the past, friction with said Shri Saija. Keeping grudge about the past incidences, on 08.08.1990, accused no.1 and accused no.2 entered the house of Shri Saija with knives and brutally attacked him causing his death. According to the prosecution, the remaining accused Nos.3 to 7 were part of a conspiracy to commit murder of Shri Saija.

(3.) We may record the gist of evidence. Shekharan Govindan Nair, PW23, Exh.99, was the personal assistant of Shri Saija and he was the first one to see the deadbody. He deposed that at the relevant time, he was the PA to Shri Saija. Shri Saija was to attend a meeting at Rajkot on 09.08.1990. He was called by Shri Saija at his house on 08.08.1990. He had gone there at about 8:30. He went there and rang the doorbell, but there was no response. He peeped into the house from half open main door and could see someone lying on the floor with legs exposed. He realized that something untoward had happened. He therefore rushed to the house of Shri Machchhar (another officer residing in the same colony) and informed him about the incident. He also called the watchman and other employees of GEB and instructed one of them to call the Inspector. He and Shri Machchhar went to the house of Shri Saija and saw that Shri Saija was lying on the floor in a pool of blood. They found marks of shoes there. He produced a copy of a letter dated 12.07.1990 written by Shri Saija to the Chief Engineer of GEB, in which, he had complained about a group of people belonging to Darbar community who had threatened him during his posting at Gondal.