Honble SHARMA, J.–We have heard learned counsel for the parties. Since matter relates to interpretation of Section 329 Cr.P.C., we proceed to finally dispose of the instant appeal at this stage.

(2). The appellant in the instant appeal has impugned the judgment dated May 12, 2006 of the learned Special Judge, SC/ST (Prevention of Atrocities) Cases, Jhunjhunu, whereby the appellant was convicted u/s. 302 I.P.C. and sentenced to suffer imprisonment for life and fine of Rs. 200/-, in default, to further suffer one months rigorous imprisonment.

(3). It is contended by learned counsel for the appellant that the appellant was of unsound mind and incapable of defending himself, therefore, in view of Section 84 I.P.C., he did not commit any offence.

The question that requires consideration is whether the appellant at the time of commission of offence was suffering from insanity or not and whether it was legal insanity so as to give appellant the benefit of Section 84 I.P.C.?

(4). A look at the order sheet dated March 7, 2003 demonstrates that on February 11th, 2003, an application was filed on behalf of the appellant, wherein it was stated that the appellant was mentally sick. Copy of the appl

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