ATRUP Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Appellant Atrup has been convicted by the learned Additional Sessions Judge Bayana for having committed an offence under Section 302, IPC in that on 3/08/1996, he gave a blow with axe on the head of Bahadur who under the impact of the blow died. Autopsy on the dead body of Bahadur was conducted by Dr. Hari Mohan Gupta (PW-13) on 4/08/1996. He noticed the following injury:- Incised wound 10 cm. x 2 cm. over occipital and left parietal region. Brain matter came out of bones. On internal examination the autopsy surgeon found under the seat of the injury, fracture of occipital and left parietal bones. The appellant was sentenced to suffer imprisonment for life and fine of Rs. 500.00 in default to suffer rigorous imprisonment for fifteen days.

(2.) From the material on record it is established that the appellant had no motive behind the alleged criminal act and immediately after inflicting the injury, he jumped into well. Investigating Officer Vijay Singh (PW-14) in his cross-examination admitted that while in police custody the appellant had dashed his head to the iron rods of the cell and a case bearing No. 507/96 under Section 309, IPC was registered against him. On the strength of these established facts a plea under Section 84, IPC was raised before the learned trial Court on behalf of the appellant, but was rejected.

(3.) In the instant appeal also it was contended by the learned counsel appearing for the appellant that the appellant by reason of unsoundness of mind was incapable of knowing the nature of the act, therefore, in view of Section 84, IPC, he did not commit any offence.