RAMDULARE RAMADHIN SUNAR Vs. STATE

JUDGEMENT

(1.) THE accused-appellant Ramdulare has been convicted by the fourth Additional sessions Judge, Jabalpur, under Section 302 of the Indian Penal Code for committing the murder of Chhedilal, alias Chiddi Nai on the morning of 4-1-1957 at his own house in Uprenganj, Jabalpur, and sentenced to imprisonment for 'life. His appeal is that on the facts established he ought to have been held of 'unsound mind within the meaning of Section 84 of the Indian Penal Code and consequently exempted from criminal responsibility for the aforesaid murder. (sic) within the meaning of Section 84 of the Indian Penal Code was the only defence raised at the trial. That section lays down:

(2.) A Division Bench of this Court in State v. Chhotelal Criminal Ref. No. 26 of 1957 d/- 20-11-1957 : (AIR 1959 Madh Pra 203) to which one of us (Naik J.) was a party, examined in some detail what exactly an accused has to establish in order to claim exemption from criminal responsibility on the ground of insanity within the meaning of Section 84 of the Indian Penal Code. Opinion was expressed therein that -

(3.) SUMMARISING the present trend of the law on the subject, Kenny in Outlines of criminal Law, 16th Edition, p. 70, says: