GURDEV SINGH Vs. STATE OF H.P.

JUDGEMENT

(1.) HEARD and gone through the record.

(2.) APPELLANT is aggrieved by the judgment of the trial Court whereby he has been convicted of an offence punishable under Section 302 IPC and sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs.10,000/-, in default of payment of fine to undergo simple imprisonment for one year.

(3.) DURING the course of trial plea was taken that the appellant had been suffering from insanity and he happened to commit the offence in a fit of insanity. It was alleged that the appellant was incapable of defending himself due to insanity. Trial Court made inquiry about the claim of the appellant that he was incapable of defending himself because of insanity and found that he was in fact of unsound mind. He was sent to Mental Health Hospital, Benaras, for treatment. After the authorities of the said hospital certified that the appellant had recovered from insanity, he was put on trial.