( 1 ) THE appellant-original accused in Sessions Case No. 8 of 1991 has filed this appeal against the judgment and order dated 31st May 1991 passed by learned Additional Sessions Judge, Mehsana holding the appellant guilty of offence punishable under Sec. 302 of the Indian Penal Code and sentenced to rigorous imprisonment for life.

( 2 ) THE facts which led prosecution of the appellant (to be referred to as "the accused") are as under :- the accused was residing with his wife and four children, that is, two sons, one daughter and one eldest daughter being married was staying at her in-laws house. The accused was doing labour work by employing donkeys. Since before about 10 days of 3rd October 1990, accused had hallucination or illusion to the effect that someone is coming to assault him and remained under constant apprehension of being killed. He was all the time bubbling to this effect. Feeling that he is affected by some ill-spirit, it was arranged to call for some sorcerer to get remove the effect of the ill-spirit. That sorcerer was to come in the evening of 3rd October 1990. As sorcerer was to come on that day, brother-in-law of accused had also come there. As th