KUSNU MURARI Vs. STATE

JUDGEMENT

(1.) THE appellant has preferred this appeal against the order of conviction and sentence of life imprisonment Under Section 302, Penal Code passed by the learned Sessions Judge, Lakhimpur.

(2.) THE oase for the prosecution was that Srimati Sukurmoni was the wife of accused Kusnu Murari. On 9.7.67 at about mid -night the accused assaulted his wife with an iron rod. Alarm being raised, P.Ws. Ganeah Prasad Singh, Dwarika Prasad and Satrughna Tanti came and found the accused assaulting his wife. They caught hold of the accused, snatched away the iron rod from his hand and tied him and thereafter the line Chowkidar was informed, who in turn informed the garden authorities.

(3.) THE defence case was that the accused was insane at the time of occurrence and that he did not know what he did.