A.K.Mathur, CJ

[1] This judgment governs Criminal Appeal No. 2 of 1956 and Cr. Jail Appeal No. 3 of 1956 both by Choteylal, against his conviction of an offence under Section 302, I.P.C., for committing murder of his only son Purshottam, aged six years. The first appeal was presented through a counsel, while the other was received from the jail recently.

[2] The fact that Purshottam died at the hands of the appellant is not challenged. But the only point urged before me is that at the time the offence was committed, the appellant was, by reasons of unsoundness of mind, incapable of knowing the nature of the act, or that what he was doing was either wrong or contrary to law.

The appellant thus seeks protection under the general exception contained in Section 84, I.P.C. The appellant would, therefore, be deemed to have been rightly convicted, unless he was entitled to the benefit of Section 84, I.P.C. and consequently deserved acquittal, even though the death of his son was caused by him,

[3] In this connection two points will require consideration. The first is a pure Question of law as to what extent the burden of proving the existence of circumstances contained in Section 8