The central legal point established in the judgment is the application of S.84 of the Indian Penal Code, which provides an exception for acts committed by a person of unsound mind.

1. This appeal is by the accused in Sessions Case No. 75 of 1958 of the Trichur Sessions Court. He was convicted under S.302 I. P.C. and sentenced to undergo rigorous imprisonment for life for causing the death of one Vellachi by stabbing her with a dagger. The incident took place on 30-10-1958 at about 1 P.M.

2. On Sunday previous to the date of occurrence there was a "Kavadi Pooja" in the house of the accused. As the 'Pandaram' did not turn up for conducting the pooja it had to be performed by Pw.13 Raman and his wife Vellachi. Thereafter the accused and his family along with some others went on a pilgrimage to Palani. On their return they alighted at the Mankara Railway Station early in the morning of 30-10-1958 and walked the rest of the distance to their house in Thiruvilwamala which is about six miles from the station. By the time they reached Thiruvilwamala the accused became agitated and began to exhibit signs of mental derangement. When the accused and his relations were sitting on the verandah of the house, Vellachi and her relations went over there to enquire about the Palani trip. The accused on seeing Vellachi said that he did not want to see her or any of her people and asked them to clear out. They left the place and went to the house of Neelakantan (Pw-5) a relation of the accused. There Vellachi was talking with Pw-5 when the accused came rushing with M.O.1 dagger and asking her why she was standing there stabbed her on her right chest. She fell down and died immediately. After stabbing Vellachi the accused danced about the place with the dagger for some time bawling out "Swami Saranam" and then ran away from the place. After being pursued for about two furlongs, the accused was apprehended and the dagger taken from him. He was produced at the Thiruvilwamala Police Outpost at about 4 P. M.

3. The accused pleaded not guilty. In the committal court when he was asked about the evidence against him he replied that he was not aware of anything. In the Sessions Court he stated that he had no idea about the incident and he did not remember anything about. He added that when he regained consciousness he found himself in the Viyoor Jail with no clothes on. He asked the warden of the jail for some clothes. He was then taken to a doctor. He was given some injections and medicines after which he became well. He admitted that the deceased Vellachi and her husband had performed the "Kavadi" in his house and that he went on a pilgrimage to Palani along with his relations.

4. Ext. P-2 is the certificate issued by Pw. 4 the Assistant Surgeon who conducted the post-mortem examination on the body of Vellachi. He found a penetrating incised wound on the right breast below the collar bone which pierced the fourth intercostal space and caused a tear on the right lung. The doctor gives evidence that the injury was sufficient in the ordinary course to cause death and that death was the result of shock and haemorrhage consequent on the injury to the lung.

5. The fact that it was the accused who caused the injury appears to have been not disputed before the Sessions Court and is also not challenged before us. Pws. 2, 3 & 5 are the actual witnesses to the incident. They speak to the incident in all its details. Pw. 2 is the son-in-law of the deceased Vellachi and Pw-3 is her son. They give evidence that they along with the deceased went to the house of the accused to enquire about their Palani trip and on being asked by the accused to clear out they went to the house of Pw-5. While Vellachi and Pw-5 were talking the accused came rushing with M. 0.1 dagger and stabbed Vellachi on the right side of her chest. She died on the spot. Pw. 5 corroborates the evidence of pws. 2 & 3.

6. The most important question for determination in this appeal is whether the accused is entitled to the benefit of S.84 of the Indian Penal Code in that he was, at the time of the incident, by reason of unsoundness of mind, incapable of knowing the nature o