SUKHEN MONDAL Vs. THE STATE AND OTHERS

JUDGEMENT

(1.) This appeal by the accused is directed against the judgment and order dated 25th Sept., 1986 passed by the Id. Addl. Sessions Judge, Nadia, convicting the accused under section 302 Indian Penal Code for killing his father on 25th July, 1985 and sentencing him to suffer imprisonment for life.

(2.) At the outset it may be mentioned that the learned Sessions Judge held that the foundation for the plea of insanity of the accused could not be accepted. He held that the prosecution has proved beyond all reasonable doubt that the accused has not only murdered his father but he tod also the mens rea or the necessary intention or knowledge for such crime.

(3.) Before we proceed to deal with this case in detail, it is necessary for us to state certain facts to appreciate the contentions of the counsel with regard to the plea of insanity.