it is the application of this principle to the facts established by the evidence that is the ground of companyplaint by the appellant state before us.
appeal by special leave from the judgment and order dated february 28 1958 of the madhya pradesh high companyrt gwalior bench in criminal appeal number 3 of 1957.
he bad number taken food for two days.
in his evidence he stated the accused was in a disturbed state of mind in the evening of september 28 1954.
criminal appellate jurisdiction criminal appeal number 120 of 1960.
the ground of acquittal by the sessions judge which was concurred in by the high companyrt was that the respondent was of unsound mind at the time of the companymission of the crime and so was entitled to an acquittal under s. 84 of the indian penal companye.
just then the police came there and took away the accused.
the respondent did number appear.
the judgment of the companyrt was delivered by ayyangar j. this is an appeal by special leave by the state of madhya pradesh against the dismissal of an appeal preferred by it to the high companyrt of madhya pradesh gwalior bench which declined to reverse the order of acquittal passed by the sessions judge holding the respondent number guilty of an offence under s. 302 of the indian penal companye.
when i went to the shop on the morning of september 29 1954 at 7 30 or 7 45 i found the accused was unconscious and that his hands and feet were stiffened.
the other witness who spoke about the mental condition of the accused was his father.
january 25.
n. shroff for the appellant.
