We have heard the learned counsel for the parties.
Several reasons have been advanced by the High Court
to indicate that the chain of circumstances against the
appellant were complete. These circumstances are:
(I) close acquaintance of deceased and the accused
including visiting each others houses due to common bondage
of hobby in photograph;
(ii) On 19th accused had called the deceased to come
to his house on the next date;
(iii) The deceased leaving his house in the morning
of 20th informing P.W. 7 his wife and P.W. 8 a close
acquaintance that he is going to the house of the accused;
(iv) The dead body of Dr. Ravish being discovered
in the room of first floor of the house bearing No. 278,
Sadanandnagar, NGEF Layout of which P.W. 5 is admittedly the
owner and that room being in exclusive possession and
occupation of the accused where the dead body was found;
(v) On 20th and admittedly even from 15th to 21st,
it was only the accused and P.W. 4 who were in the house, as
P.W. 5 and his wife had left the house to go to Kerala;
(vi) The dead body of Dr. Ravish was found tied to a
cot inside the room and body bearing as many as 31 injuries
all over, out of which the injuries in the head region being
ante mortem and fatal in nature.
We have heard the learned counsel on each of these
circumstances and find that the judgment sof the trial court
as well as the High Court have considered all aspects and
arrived at a correct conclusion. Learned counsel for the
appellant, however, pointed out that in view of the
circumstances it appears that the appellant was not mentally
sound; as for the order made by this Court from time to time
some extenuation , therefore, was to be given to the
appellant. We find, however, that question of any insanity
does not arise as this was never pleaded on behalf of the
accused-appellant at any stage. Under Section 84 of the
Indian Penal Code, 1860, in order to get the benefit of insanity or unsoundness of mind the accused is liable to
show that on the day of the incident the accused was not in
sound condition.
The appeal is, therefore, dismissed. The appellant
is stated to be on bail. It is directed that he be taken on
custody forthwith to undergo the remaining part of the
sentence.