NUTSHELL

Accused offering prayers and preparing tea after committing murder - His claim that he was of unsound mind cannot accepted through some years back accused was a patient schizophrenia ailment.

Indian Penal Code, 1860 Sections 302 and 84 Indian Penal Code, 1860 Sections 84 and 302 Charge of murder against accused - Accused taking defence of unsoundness of mind - Evidence showed that some years back accused was patient schizophrenia ailment - No evidence that ailment elapsed - Evidence showed that on day of occurrence there were no signs of unsoundness of mind of the accused before or after the incidence - Evidence further showed that immediately after the incident the accused performed Pooja and also prepared tea - Accused not entitled to benefit of Section 84 of IPC. [Paras 8 and 9]

ORDER :

1. The divergent finding of the Division Bench of the High Court of Judicature at Bombay, Bench at Aurangabad, in Criminal Appeal No. 387 of 2006 dated 22.07.2008 in setting aside the order of acquittal passed by the Additional Sessions Judge, Srirampur in Sessions Case No. 70 of 2003 in exercise of its appellate jurisdiction under Section 378(1) and (3) of the Code of Criminal Procedure, on