LABHU LAXMANBHAI VGHASIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Admit. Mr. K. P. Raval, learned A.P.P., appears on behalf of the respondent-State. Upon joint request and in view of the peculiar facts and circumstances, this matter is taken up today for final disposal.

(2.) It is, rightly, said that law without justice, is, useless and justice without law, is, meaningless. Are the law and justice distant neighbours ? The concepts and philosophy of legal aid, in general, and in defence of an accused, in a charge of crime, in particular, are the comer-stones of the administration of justice, which are quintessence and important constellation of the 'RULE OF LAW, which is one of the basic structures of the Constitution of India, are, really, jettisoned on the altar of traditional, conservative, pedantic and uninformed of the social justice value, observed or not ? Does the legal and judicial community and fraternity require to be sensitized in this behalf ? are some of the significant but substantial problem- aspects which have surfaced in this appeal, and the factual scenario of which we, hereinafter, project and portrait will be an eloquent testimony.

(3.) The birth of this appeal has a nexus with an incident which, occurred, on 17-7-1997, in the early morning, at 6 a.m., when the appellant-original accused committed murder of his wife, Heena, as per prosecution case. The venue of the offence is residential house of the accused situated, at Vallbhipur, in Bhavnagar District.