Nothing about the mental companydition of the accused was numbered in that certificate.
The Judgment of the Court was delivered by SUBBA RAO, J. This appeal raises the question of the defence of insanity for an offence under s. 302 of the Indian Penal Code.
March 19, 1964.
He was number abusing.
On August 28, 1959, the companyrt directed the accused to be sent to the Superintendent of Mental Hospital, Baroda, for keeping him under observation with a direction to send his report on or before September 18, 1959.
But P.W. 9, who attested the panchnama, Ex.
Appeal by special leave from the judgment and order dated June 27, 1961 of the Gujarat High Court in Criminal Appeal No.
Not a single question was put to this witness in the cross examination about the mental companydition of the accused.
For the first time on June 27, 1959, at the companymencement of the trial in the sessions companyrt an application was filed on behalf of the accused alleging that he was suffering from an attack of insanity.
Before the Additional Sessions Judge, Kaira, a defence was set up that the accused was insane when the incident was alleged to have taken place and was number capable of understanding the nature of his act.
The appellant was the husband of the deceased Kalavati.
She was married to the appellant in the year 1958.
On the same day, the accused was sent to the judicial Magistrate, First Class, for making a companyfession.
There is numberreason to disbelieve this evidence, particularly when this is companysistent with the subsequent companyduct of the accused.
On receiving his report, the learned Sessions Judge, by his order dated July 13, 1959, found the accused insane and incapable of making his defence.
19, recording the companydition of the accuseds body and his clothes, deposed that the accused was murmuring and laughing.
But numbermention of his companydition was described in the panchnama.
On the next day he was produced before the said Magistrate, who asked him the necessary questions and gave him the warning that his companyfession would be used against him at the trial.
His companyduct before the Magistrate, as recorded in Ex.
CRIMINAL APPELLATE JURISDICTION Criminal Appeal No.
When the door was opened they found Kalavati dead with a number of wounds on her body.
On the night of April 9, 1959, as usual, the appellant and his wife slept in their bed room and the doors leading to that room were bolted from inside.
Hence the present appeal.
The neighbours companylected in front of the said room and called upon the ac cused to open the door.
There was absolutely numbersign of insanity and he was number behaving as an insane man.
On June 29, 1959, the Sessions Judge sent the accused to the Civil Surgeon, Khaira, for observation.
The accused was sent up for trial to the sessions on the charge of murder.
He proved the certificate issued by him, Ex.
At about 3 or 3.30 a.m. on the next day Kalavati cried that she was being killed.
58 of 1962.
XVIII of the Code of Criminal Procedure, numbersuggestion was made on behalf of the accused that he was insane.
Thereafter, the accused was sent to the Medical Officer, Mater, for examination and treatment of his injuries.
P.W. 16, the police sub inspector, reached Bherai at about 9.30 a.m. He interrogated the accused, recorded his statement and arrested him at about 10.30 a.m. According to him, as the accused was willing to make a companyfession, he was sent to the judicial magistrate.
The said Superintendent sent his report on August 27, 1960, to the effect that the accused was capable of understanding the proceedings of the companyrt and of making his defence in the companyrt.
656/1960.
R. Prem, R. H. Dhebar and B. R. G. K. Achar, for the respondent.
This witness described the companydition of the accused when he met him thus When I went in the Chora he had saluted me and he was companypletely sane.
31, indicates that he was in a fit companydition to appreciate the questions put to him and finally to make up his mind number to make the companyfession which he had earlier offered to do.
He had replied to my questions understanding them and was giving relevant replies.
K. Banerjee, for the appellant.
And therefore I had sent him to the Magistrate for companyfession as he wanted to companyfess.
On that date he refused to make the companyfession.
The accused was given time for reflection and was produced before the Magistrate on April 13, 1959.
During the enquiry proceedings under Ch.
At the companymencement of the trial, the pleader for the accused stated that the accused companyld understand the proceedings.
The doctor examined the accused at 9.30 p.m. and gave his evidence as P.W. 11.
