Shortly put, the prosecution case is that the appellant was a Police Constable.
Surekha was taken to the Hospital.
The appeal against companyviction and sentence having been dismissed by the High Court, this appeal has been filed on grant of leave.
DW2 deposed that the appellant was examined by him on 27th October, 1993.
He was an indoor patient at a Government hospital from 28th October, 1993 to 5th November, 1993 for getting treatment for the said ailment.
The judgment of the Sessions Court was affirmed.
He and Surekha were married in the year 1987.
The appellant was immediately taken by the police to the quarter guard.
On appreciation of evidence, the appellant was found guilty by the Sessions Court.
While Surekha was washing clothes in the bathroom, the appellant hit her with grinding stone on her head.
It also stands established that 25 times he was taken to hospital for treatment of his mental ailment from 27th June, 1994 to 5th December, 1994.
The evidence was again appreciated by the High Court.
On the morning of 24th April, 1994, there was a quarrel between husband and wife.
She was found dead.
After usual investigation, the appellant was charged for the offence of murder of his wife.
On the other hand, learned companynsel for the appellant to establish the plea of unsoundness of mind, drew our attention to the depositions of Dr. Arun DW2 and Dr. Pramod DW3 .
The case history and other proved medical record shows that the appellant was suffering from paranoid schizophrenia.
We have heard learned companynsel and have perused the record.
On the date of the incident, they were living in police quarters along with their daughter.
J U D G M E N T K. Sabharwal, J. Insanity of the appellant, at the time of companymission of the offence, is the main plea that has been urged before us for reversing the companyviction and sentence in question.
It further stands established that he was suffering from this disease at least from 20th April, 1992.
The appellant has been found guilty by the Sessions Court of the offence under Section 302 of the Indian Penal Code IPC and sentenced to undergo rigorous imprisonment for life.
He was examined by DW3 on 20th April, 1992 having visited the said doctor with his wife.
