JUDGMENT

P.K. Shyamsundar, J. - This appeal by the State arises out of and is directed against the judgment of the learned Sessions Judge, Karwar In S.C. No. 19/1989. The learned Sessions Judge, by an order made in that case on the 7th day of November. 1989, acquitted the accused of the offence levelled against him, acting under Section 334 of the Code of Criminal Procedure (Cr. P.C. for short), extending to him the benefit of the exception contained in Section 84 of the Indian Penal Code ('IPC' for short), but directed the accused to be detained in safe custody until the wife of the accused examined in the case as P.W. 1 arrived before Court to take charge of the accused as ordered therein. We are told that the wife did appear before Court and took charge of her husband on 13.11.89 after executing a bond assuring the safe conduct of the accused. The State considers the acquittal of the accused to be somewhat unmerited and not merely that, it takes exception to the procedure adopted by the learned Judge in end-eavouring to brand the accused as an insane person just to work out an acquittal in his favour. The grievance made is that alias the accused himself not having pleaded the de