(1.) Challenge in this appeal is to judgment rendered by learned 4th Additional Sessions Judge, Jalgaon, in Sessions Case No.84/1996, whereby the appellant has been convicted for offence punishable Under Section 307 of the I.P.C. and is awarded sentence of three (3) years rigorous imprisonment along with fine of Rs. 1,000/-, in default to suffer rigorous imprisonment for six (6) months.
(2.) The background facts, as unfolded during the trial, may be stated in the following way:
(3.) A charge (Exh.30) was framed and was explained to the appellant. He pleaded not guilty to the charge. His defence was of simple denial. Alternative limb of the defence was that the appellant was suffering from mental illness at the relevant time and could have done the alleged act under spell of insanity.