( 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 s