The duty of the Investigating Officer to subject the accused to immediate medical examination and place the evidence before the court in cases of suspected mental illness, and the importance of proving unsoundness of mind beyond reasonable doubt.

JUDGMENT

MILIND N.JADHAV, J. - This Criminal Appeal challenges the Judgment and Order dtd. 25/3/2015 passed by the learned Additional Sessions Judge, Pune (for short "Trial Court") in Sessions Case No.34 of 2012 convicting Appellant under Sec. 235(2) of the Criminal Procedure Code, 1973 (for short "Cr.P.C.") of offence punishable under Sec. 302 of the Indian Penal Code (for short "IPC") and sentenced to undergo imprisonment for life and to pay fine of Rs.100.00.

2. Prosecution case is as under:-

2.1. On 3/9/2011, one Darpan Divakar Desai from his mobile No.9822076722 gave a phone call to PW - 1 Ashok Kisanrao Patil, PSI Wanwadi Police Station, Pune informing that at Shivarkar Road in front of Axis Bank on the footpath one person had assaulted a pedestrian with an iron angle (iron rod). That due to the blow the pedestrian fell down on the footpath in an injured condition and blood was oozing from his head. That after the pedestrian fell down on the ground, the Appellant inflicted a second blow with the iron rod on the injured pedestrian's head.

2.2. The informant along with Police Inspector Muthe and staff members came to the spot of incident and saw that deceased was lying on the road in an injured condition and Appellant with iron rod in his hand was apprehended by two persons namely, Nitin Abaji Khude (PW-4) and Sukhdeo Namdeo Tujare (PW-5).

2.3. That on inquiry by the first informant and the Police Officer it was revealed that Appellant was abusing people/passers by near the spot of incident and at about 04:30 p.m. he abused the injured pedestrian and when the pedestrian questioned him for his abuses, he inflicted a blow on his head with the iron rod.

2.4. That when asked, the Appellant disclosed his name as Ajay Ram Pandit. The injured pedestrian was admitted in Command Hospital, Wanwadi and at about 05:25 p.m. he was declared dead.

2.5. PW-1 - Ashok Kisarnrao Patil, PSI lodged a report of incident in Wanwadi Police Station and registered C.R. No.202 of 2011 under Sec. 302 IPC against Appellant.

2.6. On 3/9/2011, PSI Muthe prepared spot panchanama (Exh.35) and arrest panchanama (Exh.33). The Investigation Officer prepared inquest panchanama (Exh.16). Clothes of accused were seized vide seizure panchanama (Exh.13 and Exh.14). In the spot panchnama sample of blood and soil and the weapon used i.e. iron angle (iron rod) were recovered from the spot of incident. On 7/9/2011, IO sent the muddemal which was seized to the Chemical Analyzer for forensic analysis.

3. Statement of witnesses were recorded and after completing investigation on 28/11/2011, chargesheet was filed in the Court of Judicial Magistrate First Class, Cantonment Court. Since offence under Sec. 302 IPC is exclusively triable by the Court of Sessions, case was committed to Sessions Court for trial. Charge was framed vide Exh.2 against Appellant. Its contents were read over and explained to him in vernacular to which he pleaded not guilty and claimed to be tried; his defence was of total denial.

4. The Trail Court framed the following point for determination:-

"1. Does prosecution prove that on 3/9/2011 in between 4.30 p.m. or thereabout, in front of Axis Bank, near Shantinagr Road, on footpath, Wanwadi, Pune the accused intentionally and knowingly committed murder of unknown person and thereby committed an offence punishable under sec. 302 of Indian Penal Code?"

4.1. The Trial Court answered the aforesaid points in the affirmative.

5. In order to bring the guilt of accused prosecution has examined 9 witnesses. Prosecution examined PW-4 and PW-5 who were the eye witnesses to the incident. Both PW-4 and PW-5 apprehended the Appellant immediately after the incident, both these prosecution witnesses have given identical narration of the incident. They have deposed that on the date of incident at about 04:00 p.m. Appellant was standing on the footpath holding the iron angle in his hand and he was abusing the passers-by. That he abused one pedestrian walking on the foot