The legal test for insanity under section 84 of the Indian Penal Code is whether the accused was incapable of knowing the nature or consequences of his act or that he was doing what was wrong or contrary to law.

LENTIN J.- The accused has filed this appeal against the conviction and sentence passed upon him by the learned Additional Sessions Judge, Amravati convicting him under section 307 of the Indian Penal Code and sentencing him to suffer R. I. for a period of 7 years and to pay a fine of Rs. 100 in default to suffer further R. I. for one month.

2. The accused is the father-in-law of the victim Kausalya. Puran is the husband of Kausalya and the son of the accused. Manjula is the wife of the accused. About two months prior to the incident of assault, which took place on 5th November 1975 at about 10 a.m., Manjula had left the accused and had gone to reside with her daughter in another village. Since about 10 to 12 years prior to the incident, the accused and Purdn were residing separately, though in the same house, in village Hiwra. The accused and his wife Manjula occupied a half portion of the house adjacent to the house of one Pandurang Ingle (P. W. 4), whereas the remaining half portion of the house was in the occupation of Puran and Kausalya, this portion being adjacent to the house of one Shriram Navale (P. W. 5). The family idols and deities were in the portion of the house in the occupation of Puran and Kausalya. On 5th November 1975 at about 10 am., the accused carne to the premises occupied by Puran and Kausalya and took darshan of the family idols and deities the accused returned after some time with a spear-blade and with it assaulted Kausalya who was alone at that time with her small child aged about 6 months. The accused inflicted as many as 16 injuries on the person of Kausalya on different parts of her body. Hearing her screams for help, the immediate neigbbours Pandurang and Shriram rushed to the spot. They saw the accused belabouring Kausalya with the spear-blade. Pandurang and Shriram disarmed the accused. Kausalya's husband Puran was sent for. Kausalya was taken by Puran to the Asegaon police station, where her complaint was recorded. Thereafter, she was Immediately sent to the General Hospital at Amravati, where she remained as an in-patient for 13 days. The accused was brought to trial for having committed an offence punishable under section 307 of the Indian Penal Code.

3. The defence of the accused was of denial. Thereafter he filed a written statement admitting the assault on Kausalya but claimed exemption under section 84 of the Indian Penal Code. According to the accused, at intervals he got spells of insanity. During such spells, he felt as if somebody was beating him, so he would lush upon and belabour the nearest person. He had also beaten his wife Manjula during such spells. He would thereafter feel sorry. He assaulted his daughter-in-law Kausalya that day under such an attack of insanity, without reailsing what he was doing and was incompetent to understand that the nature of the act he committed was against the law. When he assaulted Kausalya that day, he did not intend either to kill or injure her.

4. Before the learned trial Judge, the prosecution led the eye-witnesses evidence of the victim Kausalya and also the two neighbours Pandurang and Shriram. After considering their evidence as also the medical testimony and the defence of the accused, the learned Judge repelled the defence of the accused and found the accused guilty and convicted him under section 307 of the Indian Penal Code.

5. Mr. Gordey, the learned counsel appearing on behalf of the appellant, contended that the accused was at the time of the incident in such a disturbed state of mind that he did not know the nature or consequence of his act. According to Mr. Gordey, the accused was carried away by some mental aberration.

6. Kausalya, the victim of the assault, has stated that while relations between herself personally and the accused were cordial, relations between the accused and his son Puran were strained because Puran did not heed the accused's requests to persuade Manjula to return to the accused who, by reason of her