Judgment :- Thulasidas, J. The Judgment in S.C. No. 110 of 1991 of the Additional Sessions Court, Thalassery is under challenge in this appeal tiled by the accused, who had been found guilty under S.302 IPC., convicted and sentenced to undergo imprisonment for life. 2. The accused and the deceased, in their early thirties and unmarried, were thick friends. They enjoyed each other's company and maintained a sort of lesbian relationship to the great annoyance of their kith and kin. Allegedly the deceased stopped visiting the house of the accused after her brother's marriage about a year before the incident. But then the accused frequented the house of the deceased and spent time with her who was employed as often as possible. She used to help the accused in a generous way to the chagrin and displeasure of her mother. Allegedly the accused was upset because the deceased had been forbidden to visit her house and hated all her people, except one Nisha, a small girl. The incident took place on a day when the deceased had no work. All agedly the accused met her soon after lunch and enquired whether they could go for cutting grass and plantain leaves. Though she hesitated at first she agreed and went with the accused to the adjoining property of PW3. PW5, the mother of the deceased and PW6, her sister had seen them going out. On the way they had ice-candy from PW10. Allegedly the accused had taken MO1 from her house and she had also MO2 that she collected from the house of the deceased. From the property of PW3, where plantains were grown, amongst coconut-trees, the accused was alleged to have chased the deceased and inflicted injuries with MO1. PW1 who happened to see this while returning home after work in the house of PW3 immediately reported the matter to PWs. land 17, who are the brother and husband of PW3. They soon went to the place and saw the deceased Sarojini lying in a pool of blood with the accused standing by her side with a chopper, MO1, that was bloodstained, she threatened those who dared to go near, brandishing the chopper. PWs. 2 and 17 raised a hue and cry and PW4 a neighbour rushed to the place. He said that the accused should not be allowed to go and went away to bring people. PWs. 2 and 17 raised a hue and cry and PW4 a neighbour rushed to the place. He said that the accused should not be allowed to go and went away to bring people. But by the time he came back she left the place with MO 1, that she flung into the adjacent canal. PW17 went to the shop of PW13 to get in touch with the police over phone, but failed. Around 5.00 p.m. he went to the Panoor Police Station and gave a statement Ext. P11 about the incident to PW21 who registered Crime 143 of 1991. He went to the scene of occurrence, made arrangements to guard the same and at about 6.30 p.m. took the accused into custody. PW20 investigated the case the same day and arrested her around 9.30 p.m. On the next day, he conducted the inquest and under Ext. P1 report seized MOs. 3 to 5 from the dead body and MOs. 6 to 8 and 12 as also MO2. He also seized MOs. 9 to 11 from the accused under Ext. P13.' As per her statement, marked as Ext. P14, he seized MO1 under Ext. P2 with the help of PW8. The scene of incident which carried tell tale marks of the incident was described in Ext. P3 mahazar, that he prepared at 4.30 p.m. the same day, and laid the final report after completing the investigation. 3. The accused denied the entire incident, about which she said she had heard, but in which she was not involved. She was sorry that her friend had a tragic death and maintained her innocence. Her mother was examined as DW1 and Ext. D1 was marked in defence. 4. We heard counsel of the appellant and the Public Prosecutor. 5. PW1 had testified to the incident, that she claimed to have witnessed round 1.30 p.m. while going home after work in the house of PW17. She had to pass through the property of PW3 to reach her house. Her case was that she saw the accused chasing the deceased with a chopper and inflicting injury on her neck. The deceased fell down in a pit with a bleeding injury. She ran back and told PW3 what she had seen. She had been questioned by the investigating officer the next day and she stuck to her version to him at the trial. The deceased fell down in a pit with a bleeding injury. She ran back and told PW3 what she had seen. She had been questioned by the investigating officer the next day and she stuck to her version to him at the trial. The accused and the deceased were known to her before the incident. She was not involved in any dispute with either of them. She had indeed no reason to have testified against the accused falsely. Her version has a ring of truth. 6. PW2 and PW 17 deposed that soon after they came to know about the incident from PW 1 they rushed to the place and saw the deceased to have been felled and bleeding profusely, with the accused standing by her side with a bloodstained chopper, that she brandished and threatened those who dared to go near the injured. After sometime, she left the place and PW17 went near the injured woman, and found her dead. PWs. 3 and 4, who had reached the place hearing the commotion corroborated their case. PW21 found her a little away from the place of incident with bloodstained clothes. Indeed, PW17 had implicated her in the incident in Ext. P11 and she was formally arrested by PW20 the same night. PWs.2 and 17 had identified MO 1 as the weapon of offence. According to PW20, it was seized at the instance of the accused from a canal running by the side of the scene of incident, with the help of PWS, who had attested Ext. P2 seizure mahazar and corroborated the case regarding recovery. PW 18 had testified that MO1 could have caused the injuries sustained by the deceased. 7. There were over 30 ante mortem injuries all over the boxy of the deceased, in a murderous display of violence. PW18 opined that injury No. 1, which was - "Incised gaping wound 14 x 3.5 x 4cm with breveling of its upper margin transverse at the back of upper part of neck its left end just behind car and its right end 3 cm behind the ear (Rt). The muscles superficial vessels and nerves were cut and the wound has cut the spinous process of 2nd cervical vertebrae and the inter vertebral joint and terminated in the spinal canal. The spinal cord was intact", could, itself, have caused death of the deceased in the ordinary course. The muscles superficial vessels and nerves were cut and the wound has cut the spinous process of 2nd cervical vertebrae and the inter vertebral joint and terminated in the spinal canal. The spinal cord was intact", could, itself, have caused death of the deceased in the ordinary course. Injuries 3 to 6 and 15,23,27 and 30 collectively could also have caused death, which the Doctor opined was the result of the multiple injuries the deceased sustained. Her death indeed was homicidal. 8. No witness for the prosecution and the mother of the accused, who was examined as DW1, stated that she was insane at the relevant time. She went about as any normal person would, though her relationship with the deceased and vice-vcrsahad an abnormal character, that did not go unnoticed by their close relatives. Going by the evidence of PW18, it could well be said that the deceased was accustomed to unnatural sexual activities. He had noticed scaring of anal mucossa, possible in sodomic cases and seen in a chronic passive agent. Possibly she and the accused were lesbians. Lesbianism is homosexuality among women. In the view of medical experts, psychopathology of home-sexuals is similar to that observed in heterosexuals, which is one of the reason s that homosexuality is no longer considered to be mental illness. In some countries, it is considered to be a normal variant of human behaviour. The incidence and prevalence of mental illness in homo-sexuals are no higher than in hetero-sexuals. Indeed the causes of homosexuality are not well understood. The family backgrounds of lesbians are more diverse and less understood. Many lesbians are masculine in type possibly because of endocrime disturbances and they arc indifferent towards individuals of the opposite sex. Lesbians, it has been said, are morbidly jealous of one another and when scorned may resort to homicide, suicide or both. All the same lesbianism is a sort of perversity, which is a pathological condition, distinct from insanity, where there is total loss of control of the mind and inability to distinguish right from wrong. One might acquire perverse sexual habits by association, contacts as also exposure and there will be degeneration of mind and impulses. All the same lesbianism is a sort of perversity, which is a pathological condition, distinct from insanity, where there is total loss of control of the mind and inability to distinguish right from wrong. One might acquire perverse sexual habits by association, contacts as also exposure and there will be degeneration of mind and impulses. But not so in insanity where the conscious mind has lost its balance due to disease or otherwise and the victim lives quite often in surrealistic world of dreams and fantasies without being aware of the real world around. We have to keep perversity apart from insanity that could be invoked only within the parameters of S.84 IPC. It was not anybody's case and it was not even suggested that the accused was insane and did not know the nature of the act that she committed, that it was either wrong or contrary to law. She was rightly found guilty of murder. We uphold the conviction and sentence and dismiss the appeal.