NARSIBHAI DAHYABHAI KANAZARIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Appellant-Narsibhai DDahyabhai Kanazariya has filed this appeal through jail challenging the impugned judgment and order of conviction and sentence passed by Shri N.C. Chaudhary, learned Additional Sessions Judge, Jamnagar on 25.9.2002 in Sessions Case No. 75/01 whereby the learned Judge convicted the appellant-accused for the offence under Sec. 302, IPC and sentenced him to suffer life imprisonment and for the offence under Sec. 307, IPC and sentenced him to suffer 7 years RI and to pay fine of Rs. 250/- in default to further undergo 10 days SI and for the offence under Sec. 135(1) of Bombay Police Act and sentenced him to suffer 3 months SI and to pay fine of Rs. 100/- in default to further undergo 5 days SI. All the sentences were ordered to run concurrently.

(2.) On the request made by the appellant-accused to provide him legal aid, Shri Supehia, learned Counsel was appointed to defend him in this appeal. Initially, this matter was placed before this Court on 10.2.2003 for admission. Learned Counsel Shri Supehia for the appellant-accused submitted that as per the prosecution case, the appellant-accused committed murder of his minor daughter Vijaya, aged 15 and minor son Dilip, aged 5 by giving axe blows at early morning hours of 4.00 a.m. on 22.3.2001 and also assaulted his wife with axe on her head and his minor son Mahendra on his waist. Thus, he was tried for the offence under Sec, 302, IPC for committing murder of his own minor children Vijaya and Dilip and for the offence under Sec. 307, IPC for attempting to commit murder of his wife Daniben and his minor son Mahendra.

(3.) He submitted that relying on the evidence of Daniben, wife of accused, the learned Judge came to the conclusion that the prosecution proved its charge against the accused beyond reasonable doubt and, therefore, held him guilty for committing murder of his minor children Vijaya and Dilip and for attempting to commit murder of his wife Daniben and another minor son Mahendra. Shri Supehia also submitted that Daniben, wife of accused made certain admissions in her evidence, which prima facie, go to show that the appellant-accused must be of unsound mind when he committed aforesaid offence. Ordinarily, any person with sound mind would not kill his own minor children and try to kill his wife and another minor son without any rhyme or reason. Considering the evidence of Daniben we were prima facie of the view that at the time of commission of offence the accused must not be of a sound mind. Therefore, at the request of learned Counsel Shri Supehia, we directed jail authorities to produce appellant-accused from jail before this Court on 13.2.2003 at 11.00 a.m. and jail Doctor was also directed to submit his preliminary report about the condition of the appellant-accused and his state of mind.