Balakrishnan, J.

1. The appellant was convicted by the Additional Sessions Judge (Adhoc)-I, Kottayam for offence punishable under Section 302 I.P.C. and was sentenced to undergo imprisonment for life and also to pay fine of Rs.1000/- and in default to undergo rigorous imprisonment for one year. This appeal is directed against the said conviction and sentence.

2. Brief facts necessary for the case are stated thus:

On 27.9.2002 at about 7.30 P.M the accused and P.W.2, P.W.3, P.W.4 and deceased Chandran were travelling in a bus by name 'Punnaram' bound for Pathambuzha. The deceased was standing in the bus in such a way that his body was leaning towards and touching the body of the accused. The accused became irritated and questioned the same. Thereupon altercation took place between the accused and the deceased. P.W.4, the bus conductor, intervened. The dispute was resolved by taking the deceased to the rear seat of the bus. When the bus was stopped at Theyilappura at about 8 P.M., the accused and the deceased and also P.Ws.2, 3, 4 and 6 got down from the bus. Again the accused asked deceased Chandran why he leaned on his body while he (accused) was sitting and immediately, he took out a knife from his waist and stabbed the deceased. The deceased fell down and then the accused stabbed on the chest of the deceased. Thereafter, the accused left the scene. The injured Chandran was immediately taken to Government Hospital, Pala. After giving first aid, he was removed to Medical College Hospital, Kottayam. While undergoing treatment, the victim Chandran succumbed to the injuries and breathed his last at 3 AM on 6.10.2002. The First Information Statement was given by P.W.1, a near relative at 8 AM on 28.9.2002 based on which P.W.15, the S.I. of Police, Erattupetta registered the F.I.R, Ext.P1(a). P.W.16, the Circle Inspector of Police, Erattupetta conducted investigation and laid the charge sheet against the accused. When the charge was framed and read over to the accused, he pleaded not guilty.

3. P.Ws.1 to P.Ws.17 were examined and Exts.P1 to P11 were marked. Material Objects, M.O.1, M.O.1(a) and M.O.2 series were also identified.

4. When the accused was examined under Section 313 Cr.P.C., he contended that he was falsely implicated in this case. He further stated that he was mentally ill at the relevant time. Dr.Subhash, a doctor attached to the Mental Health Centre, Trivandrum was examined as D.W.1. Exts.D1 certificate and X2 series, treatment records were proved through him. Ext.X1 is the record showing the treatment given to the deceased.

5. The court below after analysing the evidence found that the prosecution could prove that the accused caused the death of deceased Chandran by stabbing with M.O.1 knife. The plea of insanity raised by the defence, claiming protection under Section 84 of the I.P.C. was negatived by the court below and thus the appellant-accused was convicted and sentenced as mentioned above.

6. The accused-appellant contends that the court below has not appreciated the evidence correctly. There is no legal evidence to find the accused guilty. The evidence given by D.W.1, the doctor and Ext.X2 series and Ext.D1 should have been relied upon to hold that the accused by reason of unsoundness of mind was incapable of knowing the nature of the act or that he was doing what was either wrong or contrary to law and thus, the learned counsel for the appellant would submit that the appellant is entitled to the protection under Section 84 of I.P.C.

7. The points for consideration are:

1. What was the cause of death of deceased Chandran?

2. Whether it was the accused who caused the death of deceased Chandran?

3. Whether the accused at the time of doing the act complained of was by reason of unsoundness of mind incapable of knowing the nature of the act or that he was doing what was either wrong or contrary to law?

Point No.1:

8. P.W.11 was the doctor who was working as Assistant Surgeon, Taluk Headqu