Short Note : 1. This jail appeal has been filed against the conviction of the appellant Maldas for the offence under section 302 IPC for committing murder of Mst. Manmati and sentence of imprisonment for life. Held : The appellant has taken the plea of insanity and it is true that the appellant had become mad few months before the incident and was known as Pagal Maldas. He was put in fetters which were removed after he became alright as is evident from the statements of Damodar Prasad (P. W. 4) and Shambhudas (P. W. 16). In order to avail of the defence available under section 84 of the Penal Code, the burden was on the appellant to show that he was of unsound mind at the time of the commission of the offence. The appellant has not led any evidence to show the nature of his insanity. The appellant became normal is proved from the statements of Bundrari (PW 2), Damodar Prasad (PW 5) and Thanu (PW 7) who are his neighbours. Shambhudas (PW 16) has further stated that he had met the appellant four days prior to the incident and he had talked to him and found him absolutely alright. The other witnesses of the village have deposed that after his recovery the appellant was doing his normal work and they did not find any abnormal behaviour in him. There is also no evidence to show that the appellant was ever violent even when he got the attack of insanity. The behaviour of the appellant in taking away the Tabbal from the house of the Kotwar Adhindas (PW 1) and then murdering the deceased with this Tabbal on the next day because he suspected that the deceased had practised witch-craft on him and due to which he became ill and his remaining absconding for a month, show that he was fully in his senses. Dr. Kamath (PW 12) who had kept the appellant under observation when he was in jail deposed that the appellant behaved normally, ate and slept well and was not dirty in his habits. Therefore, he certified that he was not a lunatic. According to Dr. Kamath during the intervals there is complete cessation of insanity and its symptoms and the man becomes normal. This corroborates the statements of the eye-witnesses. Therefore, he certified that he was not a lunatic. According to Dr. Kamath during the intervals there is complete cessation of insanity and its symptoms and the man becomes normal. This corroborates the statements of the eye-witnesses. The appellant was also produced in custody during arguments and on being questioned he gave intelligent answers showing that he understands just like any normal man. In his statement under section 342 Cr. P. C. the appellant has admitted that he was in his senses when his confession was recorded and according to him he gained his consciousness after he was sent to jail. At the first opportunity when his confession was being recorded, he did not take the plea that he committed the offence during insanity. The defence has been rightly negatived by the learned Sessions Judge. Appeal dismissed.