The opinion of an expert in mental diseases is relevant where a question of science is involved. The questions, whether the accused was of unsound mind at the time of the commission of the act, or by reason thereof he was incapable of knowing the nature of the act, or that he was doing what was either wrong or contrary to law, are questions of fact which in England are decided by a jury and in India where the trial is with the aid of assessors by a Sessions Judge. But in arriving at a finding the opinion of an expert in mental diseases is relevant.

Sen, J—The appellant Deorao, son of Ramji Kunbi, aged 30 years, resident of Rajura, taluq Darwha, district Yeotmal, was convicted by the 2nd Additional Sessions Judge, Yeotmal, under section 302, Indian Penal Code, of the murder of his wife Saraswati, aged 25 years, on Wednesday, the 21st February 1945, in his house in mouza Khopdi Bujrukh also called Khopdi Mirasa, and sentenced to transportation for life.

2. The prosecution case briefly stated was : Deorao is an Izardar of Rajura and was a police patel of Rajura and Khopdi Bujrukh. He generally resided at Rajura though he had also a house at Khopdi Bujrukh. On the early morning of Wednesday, the 21st February 1945, he with his wife Saraswati and mother left Rajura in two carts for Dhamangaon to see their guru Mungsaji Bowa, who is considered a saint. Narayan (P.W. 13) was driving the cart which was occupied by the accused and his wife. The other cart was occupied by the accused's mother but the name of the driver of that cart has not been stated and cannot be gathered from the evidence in the case. After they had gone about a mile the accused forced his mother to return to Rajura and he with his wife Saraswati continued their journey in their cart. After they had gone about two miles he asked Narayan to stop the cart and as he did not carry out his orders he kicked out Narayan, took the reins of the bullocks in his hands, turned the cart towards Rajura side and furiously drove the bullocks. Instead of going to Rajura he by passed it and went towards Khopdi which he must have reached between 9 and 10 a.m. On receipt of the information that the accused had gone to Khopdi his brother Bhaurao accompanied by his servant Badya (P.W. 9) and three other persons, Bablaji (P.W. 8), Ukandsa (P.W. 15) and Udebhan of Hathni went to the house of the accused between 2 and 3 p.m. They found that the door of the house was chained from inside. They knocked at it and it was opened by the accused. They found Saraswati lying dead on the floor with a number of injuries on her person and the hands and the clothes of the accused were stained with blood. Apprehending danger they caught hold of the accused and tied him. Raibhan who was on his way in the afternoon to Dolhari with bread for his servants saw a crowd of 10 or 12 persons close to the house of the accused crying out that murder had been committed, and went to Bablaji (P.W. 8) who was in the crowd and inquired of him what the matter was. Bablaji informed him that the accused had killed his wife. Raibhan went to Dolhari and made a report at 6 p.m. to Syed Wiqar Abbas, the Circle Inspector of Police, who was then there investigating a murder case. The Circle Inspector took down his report (Ex. P-1) in these terms :

18 o'clock, Mauza Dolari.

I Raibhan, son of Devaji Kunbi, resident of Khopri Bujrukh, was coming in the village today at about 2 o'clock. I saw persons gathered on the way and in front of the house of Deorao son of Ramji Patil, resident of mauza Khopdi. Some persons had kept Deorao Patil tied. Bablaji Mali, resident of Khopdi, told me that the wife of Deorao Patil was killed. People say that Deorao Patil has killed his wife. Hence information has been given. I do not know anything more. Deorao has become mad since nearly three months. Report has been read over (to me) and the same is correct.

(Sd.) Raibhan Deoji.

3. Another report (Exhibit P-2) was made by Govind Manikrao Patwari to the Circle Inspector who sent both the reports through Soma Kotwar to the Darwha Police Station-house and himself proceeded to Khopdi the place of occurrence where he reached at about 6.30 pm. He took up investigation and held an inquest at about 7 to 7.30 pm. The inquest report is Exhibit P-4 and it has been attested by Laxman (P.W. 4), Bablaji (P.W. 8), and Ukandsa (P.W. 15) and two other persons. The injuries on the person of the deceased were noted in the report in which however there was a statement that the accused had confessed that he had kil