RAJENDRA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Appellant Rajendra has been convicted by the learned Additional Sessions Judge, Khetri District Jhunjhunu for having committed offence under Section 302, IPC. In that on Oct. 16, 1993 he gave blows with Gandasi on the person of Mahju aged 2 years and Aabid 9 years who under the impact of the blows died. The appellant was sentenced to suffer imprisonment for life and fine of Rs. 1000/-, in default to further suffer three months simple imprisonment.

(2.) From the material on record it is established that the appellant had no motive behind the alleged criminal act and on this strength, a plea of insanity under Section 84, IPC was raised before the learned trial Court, which was rejected.

(3.) In the instant appeal also only contention of learned Amicus Curiae is 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.