The burden of proving the requisite mens rea for the offence of murder lies on the prosecution, and the failure to probe into the mental condition of an accused with a history of mental insanity creates a serious infirmity in the prosecution's case.

( 1 ) IN this appeal the accused has sought to challenge the it aijjty and correctness of the judgment and order dt 4 5 1981 passed by the Sessions Judge, Ratchur, in SC No. 58 of 1980 whereby he has convicted him for the offence of murder punishable under s. 302 of IPC and concerned to suffer imprisonment for life there under. The accused Sanna Eranca Devarmani being a native of village Janthkal in Gangavatm taluk was recruited as a constable during the year 1978, when he was deputed to Gulbarga for handobast duty of Urus of Khaja Bande Navaz, there he was afflicted with mental insanits and sent for treatment to civil hospital Raichur After some treatment there, when he returned to duty he Was attached to Yelburga police station, In April 1979. The absconded from the guard duly entrusted to him and ran away from there to village Gadgtri and coming to know that the accused was again showing signs of mental insanity, the PSI secured him from Gadgeri and sent aim to mental hospital at Dharwad for treatment.

( 2 ) AFTER some treatment, when he was discharged from the hospital, on 8-9-1979, pw 2 Abbas Ali, the station House Officer of Yelburga Police Station deputed him for sentry duty at the Sub-Treasury office situated close to the police station with a 303 rifle MO 1 and 10 live catridges. There the accused was to do his duty for about a fortnight. On 11 9-1979, at about 4 PM, when PW 2 was in charge of the police station and PW 3 Ramachandra was on sentry duty there, PW 4 Veerabasappa went to the police station with ex P 3, the order passed by the JMFC, yelburga, regarding entrustment of the custody of two bullocks seized in CC No. 39/79 and requested PW 2 to entrust the two bullocks to him. When PW 2 Head constable Abbas AH asked him to pass a receipt for having received the custody of bullocks and PW 4 Veerabasappa pleaded his inability to write the receipt, PW 2 called the Police Constable Lingappa, the deceased, present in the police station, to write a receipt for PW. 4. Accordingly when the deceased Lingappa was engaged in writing the receipt as dictated by PW 2, the accused who was on sentry duty at the strong room in Sub Treasury suddenly went to the police station and standing at the entrance of the hail shot at the deceased.

( 3 ) AS the deceased fell down with the gun shot in jury, PW 2 hurried towards the accused with a view to cnatch away the gun But the accused however receded back and pushed PW 2 who was trying to snatch the gun, as a result when PW 2 fell down the accused fired another shot and went into the police station. PW 3 ramachandra who had by then taken position at the table, jumped upon the accused and held MO 1, but the accused however pulled (he trigger of the gun and fired the third shot towards the eastern wall of the hall, as a result a piece of bullet hit PW 6 police constable Ayyanagouda who was present at the door of the wireless room there. PW 3 who in the meanwhile gained control over the accused snatched the rifle from the hands of the accused with the help of others including P W 5 Hanamesha pcb No. 917, who returned from the guard duty and PW 9 Vasudeva Rao, PCB No. 678, who came there on hearing the reports of the gun-shots PW 2 also went there and with the help of the others managed to lodge the accused in the male lock up there. PWs 5 and 6 and others took the deceased Llngappa to the General Hospital at Yelburga for examination and treatment. PW 2 who had also sustained in jury went to the hospital. PW 13 Dr. Gurubasappa, Medical Officer who was on duty, got removed the bloodstained clothes mos 3, 4, 5 and 6 worn by the deceased and made them over to PW 5 police constable hanumesha and bandaged the injuries sustained by the deceased. Since the condition of the deceased was serious he advised to take him to the Civil Hospital at Gadag for better treatment. Accordingly, pw 6 secured a jeep towards gadag, but on the way near the village naregal when the deceased breathed his la