Debabrata Mookerjee, J. - (1.) This appeal by the State Government is directed against am order of the Sessions Judge of Howrah acquitting the respondent Fatik Naskar of a charge of murder and directing his detention under Section 471 of the Code of Criminal Procedure.
(2.) The respondent was tried for the murder of one Bhusan Naskar who was his agnatic relation. Bhusan was lying in his khamar bari when the accused entered the shed and struck him on the neck with a katari causing bleeding injuries which resulted in instantaneous death. The deceased's wife saw the accused going out of the shed with a katari in hand; he was apprehended two hours later still holding the weapon in his hand.
(3.) The respondent pleaded not guilty and the defence was that he had been falsely implicated out of grudge and enmity on account of some land dispute between him and the deceased. It was further suggested On behalf of the accused that even if he had committed the act which resulted in Bhusan's death, he committed no offence in view of the provision contained in Section 84 of the Indian Penal Code. Thus it was the accused's case that he was incapable of knowing the nature of the act or that he was doing what was either wrong or contrary to law on account of unsoundness of mind.;