PRAKASH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The present appellant-accused stood charged and, eventually, has been found guilty of having committeed the murder of one Balu Shivaba Naik during the night of 10-7-1981 at about 11.45 p.m. at village Vatangi. By the present appeal, he challenges the said order of conviction and eventual sentence imposed by the learned Sessions Judge, Kolhapur.

(2.) As far as the present case is concerned, the defence of the accused was one covered by S.84 of the Penal Code. That defence was taken in the lower Court and was also pressed in this Court and it is the main contention of the accused-appellant that at the time of the commission of the act, by reason of unsoundness of the mind, he was incapable of knowing the nature of the act : thus he was not guilty of the offence.

(3.) For the purpose of this appeal, we got the report from the jail authorities and, after getting the accused produced before us we also questioned him. A memorandu in that regard is separately made and is at Ex. A to the appel. The psychiatrist attached to the Yeravada Central Prison, where the accused is lodged, has sent a report stating therein that since 6th June 1983, the accused was under treatment for mental disorder and was discharged after showing improvement as on 18th Jan. 1984. The memorandum we have made also shows that the accused was capable of understanding the things and thus we proceeded to hear the appeal as the accused was, during the course of the hearing of the appeal, found to be of sound mind.