KIRTANRAM MANSAI URANV Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This appeal is directed against the judgment dated 23-12-1994 passed by the 2nd Additional Sessions Judge, Ambikapur, District Surguja in Session Trial No. 111/92. By the impugned judgment. appellant Kirtanram has been convicted under Section 302 of the Indian Penal Code and sentenced to undergo imprisonment for life.

(2.) Case of the prosecution, in brief, is as under :

(3.) Shri R. K. Jain, learned counsel for the appellant submitted that the appellant being a person of unsound mind at the time of commission of the offence, his act comes within general exception provided under Section 84 of the Indian Penal Code, hence the appellant deserves to be acquitted. He further submitted that the distance between the place of occurrence and the place where the eye-witnesses Balsai (PW-7) and Nakul (PW-8) were present was about 1 kilometre. therefore, it was not possible for the eye-witnesses to see the occurrence.