SIYARAM Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) CHALLENGE in this appeal is to the judgment of conviction & order of sentence dated 6-4-2005 passed by the 3rd Additional Sessions Judge, Bilaspur in Sessions Trial No. 230/2004, whereby & whereunder learned Additional Sessions Judge after holding the appellant guilty for commission of homicidal death amounting to murder of his wife Smt. Deenu, convicted the appellant under Section 302 of the I.P.C. and sentenced him to undergo imprisonment for life & pay fine of Rs. 500/-, in default of payment of fine to further undergo imprisonment for three months.

(2.) JUDGMENT is impugned on the ground that without any iota of evidence and without considering the fact that at the time of commission of offence the appellant was mentally ill and was not in a position to understand good and bad, right and wrong, the Court below has convicted & sentenced the appellant and thereby committed illegality.

(3.) WE have heard learned counsel for the parties, perused the judgment and record of the trial Court.