BOLABHAI HIRABHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Whether, the appellant-accused is guilty of offence punishable under section 302 of the Indian Penal Code (IP Code), or his act falls within the exception under section 84 of the IP Code, is the question posed before us, in this appeal, against the judgment and order of conviction recorded by the learned Additional Sessions Judge, Sabarkantha, in Sessions Case No.103/95, on 23.4.1996.

(2.) Pursuant to the direction contained in the order dated October 28, 1997, in Criminal Appeal No.976/97 arising out of SLP (Crl.) No.2615/97, passed by the Hon'ble Supreme Court, this appeal came to be re-admitted and record and proceedings were called for and since the appellant is in custody and he could not secure service of private Advocate and it seems he is an indigent person, he was provided with, legal aid in his defence. While disposing of the appeal, the Hon'ble Supreme Court observed to dispose of this appeal, as expeditiously as possible, preferably, within a period of three months from the date of communication of the order. [It is, really, very unfortunate that this High Court could not hear the matter within the time-frame desired in the order and failed to honour the wish of the Apex Court, apparently, as it seems to be on account of the heavy workload. However, upon our attention being drawn in current sitting with such business which began on 12.6.2000, we, urgently, heard the appeal.]

(3.) A few, material, and relevant facts, leading to the rise of this appeal, need narration, so as to appreciate, the merits of the appeal and the challenge by the respondent State. The appellant, who, is the original accused, came to be charged for having committed offence punishable under section 302 of the IP Code, for committing the murder of his wife, Jiji, by giving axe blows, on 10.6.95, around 2.00 p.m. in his house, situated, at village Digthali, Taluka Khedbrahma, District Sabarkantha, Gujarat, to which the accused denied and also raised the plea of insanity.