VIRAJI DHANAJI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) CHALLENGE in this appeal filed under Section 374 of the Code of Criminal Procedure ('the Code' for short) is to the correctness of the judgment and order dated 7.12.1999 rendered in Sessions Case No.119 of 1999 by the learned Additional Sessions Judge, Mehsana, Camp at Patan, by which the appellant ('the accused' for short) has been convicted for commission of the offence punishable under Section 302 of the Indian Penal Code ('IPC' for short) and sentenced to suffer imprisonment for life and fine of Rs.100/ - i.d., simple imprisonment for a further period of 15 days.

(2.) THE prosecution case as disclosed from the FIR and unfolded during trial is as under:

(3.) MS . Shilpa Shah, learned advocate appointed by the Legal Aid Committee for the accused, has raised a solitary contention that the accused was not in a conscious state of mind and he was not mentally sound and therefore though he was present at the spot he was unable to state as to who has committed murder of his wife. However, his son, P.W.11, Rameshji has wrongly roped him in the serious offence of murder of his mother (wife of the accused). She therefore submitted that the impugned judgment and order deserves to be quashed and set aside by allowing the appeal and thereby acquitting the accused of the offence with which he was charged. She, therefore, urged to allow the appeal.