The judgment established the importance of the accused's mental condition at the time of the offense in cases of legal insanity under S. 84, I.P.C., and clarified the conditions for allowing set off for a person sentenced to undergo imprisonment for life.

MANOHARAN, J.

Accused was charge-sheeted under Ss. 447 and 302, I.P.C. Learned Sessions Judge, Manjeri found him guilty of the offence punishable under Ss. 447 and 302, I.P.C., convicted him and sentenced him to undergo imprisonment for life under S. 302, I.P.C. No separate sentence was awarded for the offence under S. 447, I.P.C. Accused has preferred this appeal against the said conviction and sentence.

2. Cheeru Amma (deceased), aged 65 was residing along with her daughter at Pakkarathkunnu in Karuvambram amsom, desom of Ernad Taluk. In the evening of January 22, 1987 P.W. 1, a customer of P.W. 3 whose tea shop is on the south-east of the house compound of Cheeru Amma went to the tea shop for paying dues; finding P.W. 3 away to his house he (P.W. 1) went to the house of P.W. 3, paid the amount, and when he reached the road that runs in front of the house compound of Cheeru Amma he saw accused in her compound and herself protesting that the accused should not enter her compound. But accused asking what she would do if he entered, proceeded, she pushed him; then accused stabbed her on the right side of her neck. P.W. 1 raised an alarm and P.Ws. 2 and 3 came to the scene. Accused left the place. Cheeru Amma was removed to the District Hospital, Manjeri, on examination, she was pronounced dead.

3. P.W. 1 went to the police station and tendered Ext. P1 F.I. Statement before P.W. 11, Sub-Inspector of Police. He registered a crime against the accused. P.W. 11, Sub-Inspector of Police who was authorised to conduct the investigation, held inquest over the dead body of Cheeru Amma at the hospital; Ext. P4 is the inquest report under which he seized MOs. III to VI. P.W. 9 conducted the postmortem; Ext. P7 is the postmortem report. Then he proceeded to the scene of occurrence and prepared Ext. P3 scene mahazar. He arrested the accused on 27-1-1987 at Manjeri bus stand and seized MOs. VII and VIII the dress worn by the accused under Ext. P8 to which P.W. 7 is an attestor. He questioned the accused and pursuant to the information received from the accused MO-I dagger was recovered which he seized under Ext. P5. He questioned the witness and completed the investigation. P.W. 12 verified the investigation and laid the charge before Court.

4. P.W. 9 in his evidence as well as Ext. P7 noted an incised penetrating wound horizontally placed on the right side of the neck 3 x 1 c.m. x 2 c.m. above the middle of right clavicle 6 c.m. below the angle of the right mandible and 4 c.m. outer to the midline of neck. The wound was directed downwards and medically. The external carotid artery and the external jugular vein were found severed in the supraclavicular region on the right side. He said the injury could be caused by a stab with MO-I. From the evidence of P.W. 9, it is clear that the death of Cheeru Amma was murder.

5. P.Ws. 1 and 2 are the occurrence witnesses. P.W. 3 saw accused coming out from the house compound of Cheeru Amma immediately after the occurrence. P.W. 1 said, at about 6 p.m. on a day in January 1987 he went to the tea shop of P.W. 3 for paying dues and since P.W. 3 was not in his tea shop, he (P.W. 1) went to his (P.W. 3) house situated on the north-east of Cheeru Amma's house, paid the amount, and returned through the road lying in front of Cheeru Amma's compound. Then he saw accused going into the house compound of Cheeru Amma. Cheeru Amma protested that he should not enter her compound, but when accused proceeded asking what she would do, she pushed him. Immediately accused stabbed her on the right side of her neck. Receiving the injury Cheeru Amma sat down, and on seeing this he (P.W. 1) raised an alarm. He said, he went near Cheeru Amma. At that time P.Ws. 2 and 3 also came there and that accused went away through the road. They took the deceased to the District Hospital, Manjeri. On examination Doctor pronounced her dead. He then went to the police station and tendered Ext. P1 F.I. Statement. He identified MO-