Judgment :

CHANDRAMAULI KR. PRASAD, J.

1. Sole appellant was put on trial for commission of the offence under Section 302 of the Indian Penal Code as also Section 27 of the Arms Act. The trial court held him guilty on both the counts and sentenced him to undergo imprisonment for life under Section 302 of the Indian Penal Code but no separate sentence was awarded under Section 27 of the Arms Act. His conviction and sentence has been upheld by the High Court in appeal and hence the appellant is before us with the leave of the Court.

2. According to the prosecution, on 11th of August, 2000 the deceased Chandrashekhar Choubey was going in a car driven by PW.1, Vidyut Kumar Modi and when reached Chas Nala crossing, he asked the driver to stop the car and call Shasdhar Mukherjee (PW.2), the owner of Sulekha Auto Parts. As directed, the driver called said Shasdhar Mukherjee and the deceased started talking to him from inside the car. According to the prosecution all of a sudden the appellant, the owner of the Medical Hall came there with a country-made pistol, pushed Shasdhar Mukherjee aside and fired at point-blank range at the deceased. The driver fled away from the place of occurrence and informed the family members of the deceased, leaving the deceased in the car itself. PW.4, Vinod Kumar Choubey along with the driver came back and rushed the deceased to the Chas Nala Colliery Hospital, where he was declared dead. On the basis of the aforesaid report a case under Section 302 of the Indian Penal Code and Section 27 of the Arms Act was registered against the appellant. After usual investigation police submitted the charge-sheet and ultimately the appellant was put on trial for commission of the offence under Section 302 of the Indian Penal Code and Section 27 of the Arms Act.

3. In order to bring home the charge the prosecution altogether examined nine witnesses besides a large number of documents were exhibited. Only plea of the appellant during the trial was that by virtue of unsoundness of mind, the act done by him comes within general exception under Section 84 of the Indian Penal Code and, therefore, he cannot be held guilty for the act done by him. The aforesaid plea did not find favour with the trial court as also by the High Court, in appeal. In this connection the High Court has observed as follows: "On the basis of the evidence, adduced on behalf of both the parties regarding mental status of accused Surendra Mishra, learned court below came to a safe conclusion that accused was not suffering from mental instability even prior to the incident or at the time of incident. I also find no ground to differ with such finding. I have noticed the observations of the learned court below that although some evidence were placed by the defence in support of the mental trouble of the accused, in absence of specific finding by the doctor or degree and nature of mental trouble, it can not be relied upon to declare the accused Surendra Mishra mentally unfit or that he was insane at the time of occurrence."

4. Mr. Tanmaya Agarwal, learned Counsel appearing on behalf of the appellant submits that the appellant being a person of unsound mind at the time of the commission of the offence, his act comes within general exception as provided under Section 84 of the Indian Penal Code and hence the appellant deserves to be acquitted. In support of the submission he has placed reliance on a judgment of this Court in the case of State of Punjab v. Mohinder Singh, (1983) 2 SCC 274, in which it has been held as follows: "The doctor had examined accused a little before as also a little after the occurrence and he was found insane. The detailed reasons given by both Dr. Harbans Lal and Dr. Ramkumar have been corroborated by each other. From the evidence also it is clear that he was talking in a very unusual manner saying things to the effect that he had seen Lord Shiva in front of him and the alike. It cannot be said that the finding of the High Court wa