JUDGEMENT
Y. K. Sabharwal, J. -
(1.)Insanity of the appellant, at the time of commission of the offence, is the main plea that has been urged before us for reversing the conviction and sentence in question.
(2.)The appellant has been found guilty by the Sessions Court of the offence under S. 302 of the Indian Penal Code (IPC) and sentenced to undergo rigorous imprisonment for life. The appeal against conviction and sentence having been dismissed by the High Court, this appeal has been filed on grant of leave.
(3.)Shortly put, the prosecution case is that the appellant was a Police Constable. He and Surekha were married in the year 1987. On the date of the incident, they were living in police quarters along with their daughter. On the morning of 24th April, 1994, there was a quarrel between husband and wife. While Surekha was washing clothes in the bathroom, the appellant hit her with grinding stone on her head. The appellant was immediately taken by the police to the quarter guard. Surekha was taken to the Hospital. She was found dead. After usual investigation, the appellant was charged for the offence of murder of his wife.
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