STATE OF GUJARAT Vs. KANUBHAI PREMJIBHAI PARMAR

JUDGEMENT

(1.) Heard Ms. C.M. Shah, learned Additional Public Prosecutor for the applicant - State. According to her submission, there is an eye witness, if not to the incident, who reached just after the incident at the place of the offence and he witnessed that the accused was standing there with dhariya in his hand and his wife was lying there in the covered veranda of the house in an injured condition. She has further submitted that though he was not able to say how many injuries were there over the body but he saw her lying there in an injured condition. It is further submitted that the suggestion of the defence was accepted by this witness that prior to the incident the accused was mentally ill and his treatment was carried out at Modasa, Himatnagar and Vatrak. Drawing attention of the Court to paragraph 22.1, it is submitted that this witness has denied the suggestion that when he reached the place of the incident, he did not see the accused there.

(2.) She has further submitted that two witnesses have been examined in defence, one is his own real brother and another is the jailor in whose jail the applicant - accused was lodged and he was sent for the purpose of mental treatment. However, according to her submission, there is no evidence produced by the accused, despite defence witness is examined to support the version that prior to the incident, he was suffering with such mental disease that he could not know what he is doing. It is further submitted that if at all he was being treated for the same, there are no medical case papers prior to the incident, produced by the defence, if such defence is raised. Drawing attention of the Court to the evidence of real sister of the deceased, it is submitted that she had talked with the deceased on phone and she informed her about the quarrel with her husband and other family members on performing social obligation. Referring to the deposition of P.W. 11 - Veenaben, who is the real sister of the deceased, it is submitted that the accused was, in the evening when she visited the house of the accused, talking with Varshaben with whom he had some illicit relations, who happens to be the sister-in-law of the accused and her husband - real brother of the accused is also examined in defence and he has admitted the relations. If accused is very normal to have such relationship, he cannot have such a mental disease taking shelter of which he can commit such an offence. Considering the submission, leave is granted. We deem it fit to grant leave to Appeal against the judgment and order of acquittal dtd. 8/9/2022 passed by the Sessions Judge, Aravali - Modasa in Sessions Case No.17 of 2019.

(3.) In view thereof, the present application stands disposed of. ORDER IN R/CRIMINAL APPEAL NO. 1368 of 2023 In view of leave granted today, Appeal is ADMITTED. Bailable warrant in the sum of Rs.10,000.00 be issued against the respondent - accused.