NANDESWAR DAS Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. B. K. Bhattacharjee, learned counsel for the appellant. Also heard Mr. P.C. Gayan, learned PP. Assam.

(2.) The appellant herein was convicted under Section 304, Part I, IPC by the learned Sessions Judge in Sessions Case No. 50 (N-2) 93 by his judgment and order dated 14-9-95 and accordingly sentenced to undergo RI for six years and to pay a fine of Rs. 1000/- in default further imprisonment for 15 days.

(3.) Challenging such conviction and sentence of the appellant, Mr. Bhattacharjee, learned counsel for the appellant has forcefully argued that at the time of the commission of the offence appellant was a person of unsound mind and that aspect of the mental position of the appellant was not considered by the trial Court as required under Section 329, Cr. P.C. and accordingly he has raised two questions before this Court to be answered in this appeal :