JUDGMENT

Boys, J. - Ramnath, the appellant, was put on his trial on a charge u/s 302, I.P. C, of having murdered his wife on 26th August 1928. We have read the judgment of the learned Additional Sessions Judge and the material evidence and, as the learned Additional Sessions Judge says in his judgment, the facts are not in dispute. We need not therefore recapitulate them further than is necessary for the purposes of the present judgment. On 28th July 1928, Ramnath made a confession which was recorded u/s 164, Criminal P. C, it is only necessary to read that statement to appreciate that Ramnath was at that time either wandering in his mind or shamming. The committing Magistrate, however, who heard the witnesses and who again had of course to take the statement of Ramnath, recording it u/s 364, expressed in his commitment order the view that whether or no Ramnath was at the time of committing the offence of unsound mind, he was at the time of the inquiry before the committing Magistrate capable of making his defence. He found as follows:

From the statement of this very witness (Bachchoo) it appears that there is a history of accused having gone mad at one time some two years ago. He is