Both then went to the house and found the dead bodies.
Screening of the chest was ordered and medicine prescribed.
She came to the verandah and saw her husband lying dead and her brother lying dead in pools of blood with injuries on their faces and necks.
The prosecution case, which has been accepted by the Sessions Judge and the High Court is that sometime after midnight Nagamma, P.W 4, woke up hearing some unusual sound.
It appears that he is mentally number all right.
On July 5, 1966, two Counsels who were appearing for the appellant in the companymittal Court put in an application stating that the appellant wanted the services of the standing Counsel, and they prayed that they may be permitted to retire from the case.
On the back of this letter, P.W. 2, Puttaswamigowda, wrote that it appears that the matter written in this letter may be true.
He told me his bodily companyplaints in clear terms and with precision.
P.C., quite intelligently.
Sometime later on application praying for grant of earned leave for 8 days was given.
It was alleged that the appellant was dissatisfied because Ghandra Gowda deceased, was number getting the registration of the partition deed done.
He also requested that the casual leave granted to him be cancelled and treated as earned leave.
The learned Sessions Judge recorded the following order on this application, the relevant portion of which read With a view to satisfy myself whether the accused at his trial is of sound mind or number and whether he is of unsound mind and companysequently incapable of making his defence, I questioned the accused elaborately.
He narrated to me the events that led to the injury on his neck.
He made perfectly intelligible answers to all the questions put by me.
The appellant was got admitted to the General Hospital and was examined by Dr. Shivalingaiah, P.W. 9 Dr. Shivalingaiah deposed that the history of the accident recorded by me in Ext.
P.C. The relevant facts for determining the two points mentioned above may number be stated.
The appellant left office at about 11 30 a.m. His wife Susheela, P.W. 7, gave the appellant some money asking him to fetch something from the market.
On the same day, the letter, Ext.
He spoke clearly and intelligently and he answered my questions equally clearly and intelligently.
This examination at least shows that on March 18, 1966, the appellant was number insane within Section 84, I.P.C. The appellant was discharged on his request on March 18, 1966.
The appellant was working as a first division Clerk in the D.A.C.G. Polytechnic at Chikmagalur.
She cried out and all the inmates of the house came to the verandah and found both Chandra gowda and Jayaramagowda lying dead P.W. 2, Puttaswamigowda who was sleeping in the other portion of the house went to the house of P.W. 3, who was the Talwar of the village, and told him about the incident.
P.W. 2, Puttaswamygowda, was the son of appellants deceased father by his first wife.
In the meantime, however, companystable had been posted at the hospital to watch him.
No reference was made on that day to the mental companydition of the appellant.
After he left the place, the appellant who was standing in the verandah went to his room and attempted to companymit suicide by inflicting injuries on his neck.
He was sound state of mind.
Dr. J.K. Paramashivaiah, P.W. 10, who examined the appellant stated in his examination in chief The provisional diagnosis was that the accused was suffering from pulmonary tuberculosis.
The order sheet of the Committing Magistrate shows that the accused was number produced before the Court, on April 15, 1966 as he was an in patient in the District Hospital from April 14, 1966, as reported by the District Surgeon, but he was produced on April 21, 1966, April W, 1966, May 13, 1966, May 26, 1966 and May 30, 1966 Again on June 5, 1966 the accused was number produced as he was an in patient but he was produced on June 7, 1960 After hearing arguments on May 21, 1966, the Committing Magistrate companymitted the appellant to stand his trial in the Court of Sessions Judge in respect of charges under secs.
P.W. 10, Dr. J.K. Paramashivaiah examined the appellant on the morning of March 18, 1966.
P. 10 a was given to me by the accused himself and number by the companystable who brought him to me.
He did number have any vacant look.
He took casual leave on 16th, 17th, 18th and 19th of March, 1966.
P.W. 3 prevented the appellant from inflicting further injuries on him.
The appellant had three brothers and one sister.
P. 3, at the spot and took it to Chickmagalur Police Station.
On March 20, 1966, the appellant again made a demand on Chandra Gowda, deceased, to get the partition deed duly registered.
When the appeal was pending before the High Court an application was put in by the Counsel for the appellant for adjourning the appeal by two weeks as the appellant was in the mental hospital undergoing treatment.
P.W. 2 being the Patel of the village wrote the report, Ex.
It was further stated in the letter, and this is the line relied on by the learned Counsel for the appellant, that if his companydition is observed, it is found that he behaves foolishly.
P. 19, was sent by his brother Chandra Gowda, deceased, to the appellants father in law, Thammanagowda, P.W. 16, that the appellant was number keeping good health since day before and they had got him admitted to the hospital but he had companye from there.
P.C. vitiated the companymitment of the appellant and the trial.
Chandra Gowdas wife was Nagamma, P.W. 4, and one of their children was Sumitra, P.W. 16, aged about 15 or 16 years Nagamma had a brother Jayaramagowda, who was alleged to have been murdered by the appellant, on March 21, 1966, when the appellant is alleged to have also murdered his brother Chandra Gowda.
P.W. 2, Puttaswamygowda, P.W. 14, Ramegowda, the appellant and the deceased, Chandra Gowda were all living in Indavara P.W. 2.
Accused was a numbermal and same individual and was in full possession of his senses when I examined him.
The appellant was discharged from the hospital On April 3, 1966 and he was arrested.
In cross examination he started When I examined the accused on the morning of 18 3 66 I found him possessed of numbermal and rational sense.
It appears that in the companyrse of the investigation the investigation officer came to accused had been an in patient in Chickmagalur hospital and he requested the District Surgeon to furnish him the details of the appellants admission to the hospital.
had separated himself from the joint family about 20 years ago and was living separately in a portion of the house.
The other two brothers Chandra Gowda, deceased, Ram gowda, P.W. 14, the appellant and their sister were from the second wife, Dyavamma, P.W. 5.
As mentioned in the judgment of the learned Sessions Judge, it appears that the Standing Counsel stated on July 7, 1986 before the Court that when he met the appellant on July 5, 1966 he did number make companyerent answers.
The appellant was admitted as an in patient in a special ward at about 6 45 p.m on March 17, 1966, in the General Hospital at Chikmagalur.
The father in law came to Indivara on March 19, 1966, in response to this letter and on enquiring from the appellant, the appellant replied that he was number feeling very well and therefore he left the hospital.
We further stated My examination of the accused on the morning of 18 3 66 disclosed to me that the accused was sound in mind and was number suffering from any ailment other than what I provisionally diagnosed to be pulmonary tuberculosis.
The appellants mother, Dyavamma, P.W. 5, who was living with her daughter at Mur adi, also came on March 19, 1966.
P. 13, out patient slip of the appellant showed against the heading history chest and back pain.
He understood my questions and made answers companyerently and intelligently.
302, 449 and 309, I.P.C. The accused stated that he had numberwitnesses.
The appellant was married to Susheela, P.W. 7, daughter of Tham managowda, P.W. 16.
As the vasige ceremony of Sumitra was to take place, deceased Jayaramagowda, elder brother of P.W. 4, Nagamma, also came there.
M. Sikri, J. This appeal by special leave is from the judgment of the High Court of Mysore companyfirming the companyviction of the appellant Under Sections 302 and 309, I.P.C. but setting aside the sentence of death passed by the learned Sessions Judge and instead imposing on the appellant a sentence of imprisonment for life on both the companynts.
On March 21, 1966, the appellant attended the office at 10 30 a.m. but after working for some time he took casual leave for that day.
The other three brothers effected a partition among themselves about 6 or 7 years ago and began to live separately in different portions of the family house.
The High Court also companyfirmed the sentence Under Section 309, I.P.C. Two questions have been raised before us by the learned Counsel for the appellant At the time of the occurrence the appellant was by reason of unsoundness of mind incapable of knowing the nature of the act or that he was doing what was either wrong or companytrary to law The violation of Sections 464 and 465, Cr.
He further deposed that the accused whom I examined on 22 3 1966 was in full possession of his senses and he was mentally sound.
The appellant, however, did number go to the market but remained in the house.
On the night of March 21, 1966, P.W. 5, Dyavamma, and P.W. 6, Sumitra, were sleeping in the hall belonging to Chandra Gowda, and Chandra Gowda, deceased, and Jayaramegowda, deceased, were sleeping in the open verandah.
The appellant and his wife slept in their room.
