BUDHIYABHAI KOYABHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present appeal is directed against the order of the learned Additional Sessions Judge, Panchmahals at Godhra passed in Sessions Case No. 75 of 1985. The Appellant- accused was arraigned before the learned trial Judge for an offence punishable under section 302 I.P.C. as well as an offence punishable under section 326 I.P.C, on an allegation that on 24.3.1985 at village Rebari of Devgath Baria Taluka of Panchmahals District the accused had assaulted his wife Bai Hiri and thereafter be had assaulted his mother-in-law Bai Shanta and brought about her death.

(2.) The Appeal has been filed from Jail and Mr. P.M. Thakkar a Senior Advocate practising in this Court was appointed by the court on behalf of the appellant. The appellant was also kept present in the Court and record and proceedings were very much made available to the learned advocate, for the appellant.

(3.) It is alleged that the accused and Bai Hiri were married some years back. As the accused was not keeping good health, he was suspecting that he was a victim of witch-craft perpetrated by Bai Hiri. He had, therefore, driven her away some days prior to the incident. Hiri had gone to her parents House. On 24.3.1985 the accused went to village Rebari where deceased Shanta was staying. He went there and after verifying that all the male members of the house had gone away, he asked for food which was supplied to him. Thereafter he picked up a crow-bar which was lying where the accused was sitting. He picked up the same and inflicted blows on Bai Hiri causing a fracture. In the meanwhile Mani had gone inside to bring biddi for the accused. Thereafter, the accused tried to attack Mani but Mani somehow or other made good her escape, Shanta the mother-in-law of the accused was grazing her cattle in nearby field. The accused thereafter went after Shanta and inflicted numerous blows with the result that Shanta died immediately. The accused went to somebody's house at village Rebari. People collected there but they could not apprehend the accused as they were themselves mortally afraid of accused. Complaint was lodged. After completing the investigation, the accused was arraigned before the learned Additional Sessions Judge and the learned Additional Judge on appreciation of evidence came to the conclusion that the accused was found to have committed the offences punishable under sections 302 and 326 I.P.C. The defence of the accused was not that of blank denial. He admitted those acts but he urged that at the time when he is alleged to have committed the said acts, he was insane. Under these circumstances, the defence of insanity was pleaded and witnesses were examined on behalf of the defence.