After 25 yrs, man, now paralysed, gets life sentence for wife’s murder

Ahmedabad: Ishwarji Thakor (50), a paralytic who is unable to walk independently or perform daily chores, will have to return to jail some 25 years after he was convicted of culpable homicide not amounting to murder for killing his wife in 2000. The Gujarat high court has now held him guilty of murder and sentenced him to life imprisonment under Section 302 of the Indian Penal Code (IPC).While sentencing Thakor to life imprisonment, the HC also granted authorities concerned liberty to examine his case for premature release in accordance with law.Thakor killed his wife, Varsha, in Diodar taluka of Banaskantha district in Oct 2000. In 2002, a trial court sentenced him to seven years imprisonment under Section 304 Part-I of the IPC, concluding that the act was not a premeditated murder. He challenged this sentence in HC in 2002 wherein he was granted bail.During the court proceedings, the state govt appealed, arguing that the offence amounted to murder and sought a harsher conviction and sentence.Hearing the appeal, a bench of Justice Aniruddha Mayee and Justice L J Odedra said Thakor already had a knife with him at the time of the incident, making it untenable to claim there was no premeditation. The court also noted that he inflicted 8–9 knife blows on vital parts of the body. The bench said in an order released this week, "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."During sentencing, the high court was told that Thakor was suffering from paralysis on the right side of his body, was unable to walk independently or perform daily routine activities, and required regular physiotherapy and continued medication. When asked if he had anything to say on the quantum of punishment, Thakor only said that he was paralytic. His counsel sought home custody instead of jail in view of his condition.The high court imposed life imprisonment and stated, "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." Thakor was granted time until March 31 to surrender before jail authorities.