JUDGMENT 1. The only question for consideration in this appeal is whether the prisoner Shibo Koeri was of unsound mind when he killed his uncle Bhatku. The Sessions Judge says :--" Upon this evidence the assessors hold that the prisoner is not entitled to the benefit of sec. 84, I.P.C. They say that the excitement which he showed immediately after the deed is quite natural in one who had just committed murder in a moment of violent passion. This view seems to me a right one. The medical evidence as to his subsequent silence and melancholia is to the effect that such a mental condition might be due to a violent nervous shock, and it would seem that the commission of the crime would be sufficient to cause the shock." We do not agree with these views. The medical evidence and the circumstances of the case point, unmistakably, to the fact that the prisoner was suffering from a fit of melancholic homicidal mania on the 16th February 1900--the date of the occurrence. He is a young man of weak intellect: the motive actuating the offence was trivial and inadequate. As soon as he had killed his uncle, which he did by hacking him on the head and neck with a sword, the prisoner rushed about, brandishing his weapon, and shouting "Victory to Kali." He attempted to strike other persons, including his own father. When the paroxysm had passed off, during the Police enquiry, the prisoner appeared to be rational, but, immediately afterwards, at Purneah, he devoloped aphasia attempted to commit suicide, and was undoubtedly insane from that time for a period of five years. 2. In our opinion, these are the signs and indicia of insanity as expressed in works on the subject of Medical Jurisprudence. The effects of mere excitement and nervous shock would have passed off after a short interval, they would not have necessitated the detention of the prisoner in a Lunatic Asylum, for five years. The medical evidence supports this conclusion. In September 1903, when the prisoner was put on his trial the Civil Surgeon deposed :--"It is probable that he was not thoroughly sane on the day of the murder. The body was hacked in a fiendish way. He must have been labouring under great excitement." This evidence was admitted, apparently, under sec. 509, Cr. In September 1903, when the prisoner was put on his trial the Civil Surgeon deposed :--"It is probable that he was not thoroughly sane on the day of the murder. The body was hacked in a fiendish way. He must have been labouring under great excitement." This evidence was admitted, apparently, under sec. 509, Cr. P.C. The same witness, in May 1900, had said :--" I consider that this accused is a hopeless lunatic... In my opinion the accused was of weak intellect and of a neurotic temperament all his life in all probability. I do not think that he was thoroughly sane on the 16th February last. The state of the corpse and the way in which it had been hacked about, by the sword lead me to think that the person who caused the death was mentally unsound. We, therefore, set aside the conviction and sentence. We find that the Appellant Shibo Koeri did kill Bhatku Koeri, but that, by reasons of unsoundness of mind, he was incapable of knowing that he was doing an act which was wrong or contrary to law and that he is, therefore, not guilty of the offence of murder.