RAM SWARUP THAKUR Vs. STATE OF BIHAR

JUDGEMENT

(1.) Appellant Ram Swarup Thakur was aged about 40 years at the time of his conviction. He has been convicted under Section 304, Part II of the Indian Penal Code and sentenced to seven years imprisonment by the Sessions Judge, Sitamarhi by judgment and order dated 5th July, 1989 in Sessions Trial No. 48/85. The appellant was tried for having committedmurder of his own son Santosh Thakur on 20-3-1984 in village Chak Donai P.S. Runnisaidpur in the district of Sitamarhi.

(2.) Learned Sessions Judge, however, has given his finding that the charge under Section 302, I.P.C. has been brought home against the appellant but without assigning any reason he has convicted the appellant under Section 304, Part II of the Indian Penal Code.

(3.) Only question that arises for consideration in this appeal is whether the finding of the trial Judge is vitiated for not recording categorical finding whether the appellant was suffering from legal insanity and therefore entitled for protection under Section 84 of I.P.C. Learned Sessions Judge has found that the appellant was perfectly sane at the time of his trial. Pertinent question to be decided was as to whether the appellant was insane at the time of committing the offence. Many circumstances have been noticed by the trial Court which gave rise to the plea of insanity. In para 17 of the judgment the trial Judge has observed that the appellant was ordered to be kept under observation and he was kept under observation and no clear report was received from any doctor that the accused was not behaving as a normal man.