In a significant legal reversal, a 50-year-old man suffering from paralysis has been sentenced to life imprisonment by the Gujarat High Court for the murder of his wife, an offence committed nearly 25 years ago. Ishwarji Thakor, who is unable to walk or perform daily chores independently, now faces a return to prison after the court set aside his earlier, lesser conviction.
Two-Decade Legal Battle Culminates in Stricter Sentence
The case dates back to October 2000 in Diodar taluka of Banaskantha district, where Thakor killed his wife, Varsha. In 2002, a trial court convicted him under Section 304 Part-I of the IPC for culpable homicide not amounting to murder, handing down a seven-year prison sentence. The court had concluded the act was not premeditated. Thakor, who had challenged this sentence and was out on bail, saw the case take a drastic turn when the state government appealed for a harsher conviction.
The prosecution's appeal argued that the offence was, in fact, murder. This plea was heard by a bench comprising Justice Aniruddha Mayee and Justice L J Odedra.
High Court Finds Premeditation, Overturns Earlier Verdict
In an order released this week, the High Court bench scrutinized the evidence and found the trial court's judgment unsustainable. The judges noted that Thakor already had a knife with him at the time of the incident, undermining any claim of absence of premeditation. Furthermore, they emphasized the brutality of the attack, pointing out that he inflicted 8–9 knife blows on vital parts of his wife's body.
"The conviction of the accused under Section 304 Part-I is set aside and we convict the accused under Section 302 of the Indian Penal Code (murder)," the bench stated, thereby holding him guilty of murder.
Plea on Health Grounds and Court's Sentencing Order
During the sentencing hearing, the court was informed of Thakor's dire medical condition. He is suffering from paralysis on the right side of his body, requires regular physiotherapy and continuous medication, and cannot manage daily activities on his own. When asked about the punishment, Thakor's only submission was his paralytic state. His counsel pleaded for home custody instead of jail confinement given his health.
However, the High Court imposed a life imprisonment sentence. In its order, the bench added a caveat: "The aforesaid (sentence) shall be subject to the caveat that appropriate authority would be at liberty to examine the case of the accused, for remission in terms of applicable law." This grants the concerned authorities the freedom to consider his case for premature release as per the law. Thakor has been granted time until March 31 to surrender before jail authorities.
The case highlights the judiciary's focus on the gravity of the crime, even as it acknowledges the convict's subsequent debilitating health condition, leaving the door open for a future administrative review for possible remission.
