JUDGMENT :

A.S. Supehia, J.

Dura lex, sed lex

"The law [is] harsh, but [it is] the law."

1. The respondent - original accused, in his sunset years, is facing capital punishment for the crime, which he committed 27 years ago. Today, he is 73 years of age.

2. The present appeal filed under Section 378(1)(3) of the Code of Criminal Procedure, 1973 (for short, "the Cr.P.C.”) is directed against the judgment and order of acquittal dated 20.04.1999 passed by Additional Sessions Judge, Gondal at Rajkot in Sessions Case No.95 of 1997.

3. The case of the prosecution, as per the charge at Exh.1, is that on 29.03.1997 at around 7:35 hours in the morning in Jetpur City at Nava Darwaja in Gondra area, near Kaccha Road, the respondent - accused murdered his wife Savitaben (deceased) by inflicting various blows of knife on account of some proceedings filed by her against him seeking maintenance. The first informant, Kanjibhai Bijalbhai Dabhi, (PW-5) is the brother of the deceased - Savitaben. The accused was arrested on 29.03.1997 i.e. on the very same day. The trial Court, after examination of both - ocular as well as documentary evidence, has acquitted the respondent - accused by giving him benefit