(1.) THE short point, which arises for consideration in the present appeal, is as to whether the accused/convict has been able to establish his defence of unsoundness of mind, as is so required under the provisions of Section 84 of the Indian Penal Code and Sections 101 & 105 of the Indian Evidence Act, 1872 or not. Also, as to whether prosecution has been able to establish the guilt of the accused beyond reasonable doubt.
(2.) APPELLANT -convict Balwant Singh, hereinafter referred to as the accused, has assailed the judgment dated 18.5.2009, passed by Additional Sessions Judge (2), Kangra at Dharamshala, Himachal Pradesh, in Sessions Trial No. 14 -D/2008, titled as State of Himachal Pradesh v. Balwant Singh, whereby he stands convicted of the offence punishable under the provisions of Section 302 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for life and pay fine of Rs. 10, 000/ - and in default thereof to further undergo imprisonment for two years.
(3.) ACCUSED was charged for having committed an offence punishable under the provisions of Section 302 of the Indian Penal Code to which he did not plead guilty and claimed trial.
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