ASHABEN NAILESHBHAI SHAH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The challenge in this appeal is to the judgment and order rendered by learned City Sessions judge, Ahmedabad on 26.03.2001 in Sessions Case No.270 of 1999 whereby the learned trial Judge recorded conviction of the appellant Ashaben Naileshbhai Shah, who was original accused in the aforesaid Sessions Case for committing murder of her mother -in -law, deceased Manoramaben, punishable under Section 302 of the Indian Penal Code ('IPC', for short) and also recorded her conviction for the offence punishable under Section 135(1) of the Bombay Police Act and the appellant was sentenced to undergo R.I for life and fine of Rs. 5000/ - and in default, R.I for one year for the offence punishable under Section 302 of the IPC and simple imprisonment for one month and fine of Rs.100/ - and in default, S.I for one month for the offence punishable under Section 135(1) of the Bombay Police Act.

(2.) The prosecution case as unfolded during the course of trial is that the incident occurred on dated 12.1.1999, at about 3.30 pm in the house No.2/40 Gujarat Housing Board, Khokhra, Mehmadabad. It is alleged that the appellant carrying a big knife, usually used to cut pineapple, came to the above -mentioned house where her mother -in -law Manoramaben was residing and the appellant told her mother -in -law that she had ruined her life and started quarreling with her. Thereupon, Manoramaben went into the room and the appellant followed her. She closed the door of the room from inside and it is the prosecution case that appellant inflicted blows with knife on the neck and other parts of the body of Manoramaben. The appellant severed the head from the trunk of Manoramaben and Manoramaben was beheaded. The appellant placed the head of Manoramaben on a water -stand. PW -3 Dhanveshbhai Babulal, elder brother of appellant's husband Naileshbhai, PW -6 Jagrutiben, the wife of PW3 Dhanveshbhai as well as PW -1 Bharatkumar Balubhai, a neighbor, attempted to break open the door of the room, but, they could not succeed in their attempt. As per the prosecution case, same neighbour informed police, and immediately PW -2 ASI Khemabhai Solanki who was on patrolling duty, reached to the place and the door of the room was broken open by him. They all entered into the room and found the appellant seated on the floor of the room, holding the bloodstained knife in her hand and attempted to inflict blow with knife on her own neck. They also found that the appellant had sustained some injury on her neck. PW -3 Dhanveshbhai Babulal Shah reported the incident to Amraiwadi Police Station and his FIR was registered.

(3.) Learned trial judge framed charge against the appellant at Exh.2 to which the appellant did not plead guilty and claimed to be tried. Thereupon the prosecution adduced its oral and documentary evidence. The prosecution examined in all 12 witnesses and produced necessary documentary evidence. After the prosecution concluded its evidence, the learned trial Judge recorded the further statement of the appellant under Section 313 of the Cr.P.C. and the appellant in her further statement pleaded her complete ignorance regarding the incriminating circumstances appeared from the evidence of the prosecution and put to her by the trial Court and filed her written statement in support of her further statement and alleged cruelty and ill -treatment meted out to her by her husband and her mother -in -law deceased Manoramaben. She further alleged that her husband and her mother -in -law ill -treated her to such an extent that she would become insane and gradually, in fact, she started behaving like insane and she had to take treatment of Psychiatrist in April 1998. That keeping the appellant and her minor daughter alone in the house, her husband had left the house and thereby she was deserted. In nutshell, the appellant raised defence of insanity. The appellant in support of her defence of insanity examined six defence witnesses and produced medical evidence to that effect.