MANI Vs. STATE OF KERALA

JUDGEMENT

(1.) A fairly delicate question arises for consideration in this case.

(2.) The appellant aged over 35 years has been convicted by the Sessions Judge, Kozhikode under S.302, 448 and 323 of the Penal Code and sentenced to imprisonment for life under the first count and to rigorous imprisonment for three months each on the other two counts directing all the sentences to run concurrently. The appellant entered the house of a Kurichian by name Raman at about 4 p. m. on 23rd February, 1968 and took an infant daughter of Raman by the legs and hit it against the bin and the wall on either side and ultimately threw it on the ground causing its death. The appellant also caused hurt to Pw. 7.

(3.) The defence of the appellant was that he was insane and was protected by S.84 of the Penal Code. As already indicated, the Sessions Judge rejected this plea and convicted and sentenced the appellant.