KUNJUNARAYANAN SIVARAMAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The question that falls to be decided at this stage of the appeal is whether the procedure prescribed in Chap.34 Cr. P.C. during enquiry or trial in the court of the first instance has to be followed in appeal in respect of an accused person who is reported to be of unsound mind.

(2.) This question comes up for consideration in this appeal against the conviction and sentence of life imprisonment under S.302 IPC. for causing the death of one George alias Chori by the appellant stabbing him with M.O. 1 pair of scissors on his abdomen at about 3.30 PM. on 2-4-67.

(3.) The appellant and Chori lived in adjacent houses and the appellant suspected that Chori was in illegal intimacy with his wife. So, he got into the hut where Chori was lying on a mat with M.O. 1 in his band on the afternoon of 2-4-67 and made the fatal attack on him, as a result of which he succumbed to the injury before he was taken to the hospital. Immediately after the incident, Pws. 1 to 4 saw the appellant coming out of the hut of Chori with M.O. 1 in his hand and then Pws. 5, 9 and 10 overpowered him by wresting M.O. 1 scissors from his hand. After investigation and preliminary enquiry, the case was committed to the Sessions.