DAHYABHAI CHHAGANBHAI THAKKAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This appeal raises the question of the defence of insanity for an offence under S. 302 of the Indian Penal code.

(2.) The appellant was the husband of the deceased Kalavati. She was married to the appellant in the year 1958. On the night of April 9, 1959, as usual, the appellant and his wife slept in their bed-room and the doors leading to that room were bolted from inside. At about 3 or 3.30 a.m. on the next day Kalvati cried that she was being killed. The neighbours collected in front of the said room and called upon the accused to open to door. When the door was opened they found Kalavati dead with a number of wounds on her body. The accused was sent up for trial to the sessions on the charge of murder. Before the Additional Sessions Judge, Kaira, a defence was set up that the accused was insane when the incident was alleged to have taken place and was not capable of understanding the nature of his act.

(3.) The learned Additional Sessions Judge considered the entire evidence placed before him, came to the conclusion that the accused had failed to satisfy him that when he committed the murder of his wife he was not capable of knowing the nature of the act that what he was doing was either wrong or contrary to law. Having rejected his plea of insanity, the learned Additional Sessions Judge convicted him under S. 302 of the Indian Penal Code and sentenced him to undergo rigorous imprisonment for life. On appeal the High Court agreed with that finding, though for different reasons, and confirmed the conviction and sentence of accused. Hence the present appeal.