DINESH @ DINU DAHYABHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) LEARNED counsel for the appellant urged that in this appeal in the first instance when the incident was reported to the police it was told that the injuries have been caused by a mad man. Therefore, the only point urged in this appeal is that the accused should be granted benefit of Section 84 of the IPC. The ground of insanity is not accepted because at no point of time before the trial Court any application or move was made on behalf of the accused to get the accused medically examined and establish insanity of the accused. If the factum of insanity is not proved to be existing at the time when the incident was occurred then at this stage it would be difficult for us to determine whether at the time of incident the accused was insane or not. Therefore, this argument is not sustainable. If this argument is unsustainable, the other arguments are not accepted. We are constrained to hold that there is no force in the appeal. The appeal is accordingly dismissed.