Govind Mathur, J. - (1.) BY judgment dated 14.11.2006, passed by learned Additional Sessions Judge, Barmer, the appellant is convicted for the offences punishable under Sections 302, 323 and 341 Indian Penal Code and is sentenced as under: 341 IPC : Simple imprisonment for one month; 323 IPC : Simple imprisonment for six months; and 302 IPC : Life imprisonment with a fine of Rs. 10,000/ - and in default of payment of fine to further undergo simple imprisonment for six months.
(2.) AS per written report Ex. P/1, one Shri Heeraram on 15.7.2002 reported at Police Station Dhorimanna that at about 11:00 AM on the same day his daughter Smt. Kesi met him on way from Dhorimanna to Mithada. While weeping, she stated that her husband Kishna Ram was standing below a 'khejri' at the time when she was going to the fields from dhani with two of her sons Mahesh and Vikas. Kishna Ram stopped them and tried to strangulate Mahesh and Vikas. On crying, Kishna Ram gave a 'kudali' blow to both the boys as a consequent they lost their lives. On basis of the information aforesaid a case was registered and after completing investigation the accused appellant was charge sheeted for the offences under Sections 302, 323 and 341 IPC. The case was committed to the court of Sessions and the same was tried as the accused appellant denied the charges.
(3.) THE sole contention of learned Counsel for the appellant while challenging the judgment impugned is that the accused was not in sound state of mind and, therefore, the act done is not an offence in view of the provisions of Section 84 IPC, and the trial court failed to appreciate this aspect of the case properly.;