JUDGMENT 1. - This is a jail appeal filed by Damodar against the judgement dated 30th of April, 1970, Jaipur learned Sessions Judge, Jaipur District, Jaipur convicting the appellant for an offence under section 302 Indian Penal Code and sentencing him to imprisonment for life. 2. on 29th of April, 1968, at 12.00 noon it is said that accused Damodar committed the murder of his wife Mst. Chhotan in the 'Medhi' of his house in village Manoharpuriya by inflicting blows with a 'danda' of Kikar. A report of this incident was lodged at the Police Station by Vishnu Singh Bhati who submitted the written report (Ex. P.6). The police started investigation and found the dead body of Mst. Chhotan lying in the Medhi. The 'danda' (article 6) which is said to be the weapon of offence was found lying in the 'bara' below the broken window of the Medhi. This article was seized by the police as they suspected blood on it. The accused was also arrested and his pyjama (article 7) which was stained with blood was also seized by the police. Both these articles were sent for chemical examination. Blood was found on them and the Serologist, to whom these two articles were sent by the Chemical Analyst, reported that they contained human blood on them. 3. Unfortunately, the witnesses who had seen the incident, turned hostile. Nancha (PW 4) was, however, examined before the committing court. His statement (Ex. P.8) was tendered in evidence on the request of the Public Prosecution under section 288 Criminal Procedure Code. The witness had deposed in the court of the committing Magistrate that 'when the door of the Medhi was pushed open, accused Damodar jumped out of the window from the back and fled away and he was seen with a stick of Babul in his hand which he dropped there while running from there and his wife was tossing". The prosecution by producing Mahadeo (P.W.9) and Damodar (P.W. 12) has proved the extra-judicial confession of the accused which was made to them by the accused when they met him on their way to Khatipuranear the Sanganer Aerodrome. According to these two witnesses Mahadeo (P.W.9) and Damodar (P.W. 12), accused Damodar had unequivocally admitted to them that he had killed his wife Mst. Chhotan. According to these two witnesses Mahadeo (P.W.9) and Damodar (P.W. 12), accused Damodar had unequivocally admitted to them that he had killed his wife Mst. Chhotan. The learned Judge, after carefully examining the testimony of these witnesses, came to the conclusion that the prosecution has established beyond all reasonable doubt that the author of the injuries inflicted on the body of Chhotan was none but Damodar accused and that those injuries were responsible for the death of Mst. Chhotan. It has been proved by the prosecution that the injuries sustained by Mst. Chhotan were sufficient in the ordinary course of nature to cause death and, therefore, the act of the accused squarely falls within the ambit of section 302 Indian Penal Code. 4. The accused has examined in his defence Dr. A.B. Dey (D.W.1) to prove that he was a patient of psycho-neurosis and that he was not in his senses when this act is said to have been committed by him. The learned Judge, however, did not accept this plea of insanity and rejected it outright. 5. From the perusal of the evidence of the witnesses produced by the prosecution as referred to above, no doubt is left in our mind that accused Damodar was responsible for causing injuries on the vital part of the body of Mst. Chhotan which ultimately resulted in her death. The only question to be examined by us is whether the plea of insanity taken by the accused can be accepted by us or not. In this connection, we may refer to the testimony of Dr. A.B. Dey (D.W.1) who has stated that the accused Damodar, who was an employee of the railway at Reengus, came to him on 21st of April, 1968. On examination, he made a provisional diagnosis that the accused was suffering from psycho-neurosis and the case was referred to the District Medical Officer, Jaipur. The doctor has further deposed that he received a reply from the District Medical Officer on 31st of May, 1968, that the accused was discharged on 24th of April, 1968 on his own request from the Jaipur Hospital and he was advised to continue his treatment in the out-door dispensary at Jaipur. In cross-examination, however, the doctor has stated the symptoms of mental abnormality of the accused were due to mental disturbances. In cross-examination, however, the doctor has stated the symptoms of mental abnormality of the accused were due to mental disturbances. He further deposed that had the accused been lunatic, he could not have been discharged and instead he would have been sent to lunatic asylum. This deposition of Dr. Dey goes to prove that the accused was not a lunatic and that the signs of mental abnormality were not of a nature which could have caused an apprehension in the mind of the doctor that the patient would be violent. The plea of insanity, if raised must be established by the defence. Except the testimony of Dr. A.B. Dey (D.W.1), there is nothing on the record to show that the mental disturbances of accused Damodar were of such nature which could have impelled him to take such action on which he had no control. In our opinion, simply because a provisional diagnosis of psycho-neurosis was made by Dr. Dey (D.W.1) on 21st of April, 1968, it is difficult for us to accept that the accused was insane at the time when this murder was committed, especially when he was discharged from the hospital on 24th of April, 1968. In these circumstances, we do not feel inclined to interfere with the finding of the trial court. 6. The appeal, therefore, fails and it is hereby dismissed. *******