G.M. Lodha, J. - (1.)In this appeal, Mr. Jain who has appeared as Amicus-curae has not disputed the principal fact that the death of deceased Gajanand was caused by the various injuries given by the accused, who happens to be his son. His only contention is that no offence is made out because of accused being of unsound mind and unable to understand the nature of his act at the relevant time, on account of which his case is covered by exceptions of Sec. 84 IPC.
(2.)Before we proceed to examine this submission of Mr. Jain, it would be proper to mention the brief facts of the case. The prosecution case, which is now not in dispute and which has been established by cogent and reliable evidence is that the deceased Gajanand was sleeping in his house and the accused happens to be his son. According to the FIR., which was lodged by Rameshwar S/o Gajanand on 23.11.1971, it was alleged that in the night about 3.00 Gajanands wife Smt. Dakhan and Gajanand cried and prayed for help then he rushed in the house. In Gajanands house he found that the dead body of Gajanand was lying on the ground and Ram Chandra, accused was standing with an axe in his hand. As soon as Ramchandra saw Rameshwar, he gave an axe blow to him, which, fall on his right hands fingers and Ram Chandra ran away from Bada in the Jungle Sri-Krishan, Jagdish, Lala, Birda, Devi and Gopal etc. came there. The mother of the accused, who was present at that time gave the full story, in which she said that Ram Chandra came in the night and entered the house for taking and eating milk and Ghee. Gajanand on this cried that who is the thief, Ram Chandra then came out and started giving blows on the person of deceased Gajanand, on account of which Gajanand fell down and as the injuries were very serious he died on the spot. Ram Chandra then gave an axe blow to Rameshwar and then ran away.
(3.)After usual investigation and filing of challan, the trial of the case remained suspended for some time because of the mental stage of the accused and he was sent to the Mental Hospital for treatment. The trial then proceeded when the medical opinion was received that the accused is fit to be tried.