N. S. VEERABHADRAIAH, J. ( 1 ) THIS appeal is by the appellant-accused assailing the judgment of conviction dated 18-11-1998 for the offence under Sections 307 and 341 of the IPC in SC No. 93 of 1993 rendered by the I Additional Sessions judge, Mysore, sentencing him to undergo S. 1. for a period of 5 years for the offence under Section 307 and S. I. for a period of one month for the offence under Section 341 of the IPC. ( 2 ) THE case of the prosecution in brief is as follows: the accused-Venkatesh alias Tiger Venkatesh alias English venkatesh, the resident of Kuvempu Nagar, Mysore, was a coolie, plucking the coconuts from the trees at the request of the owners. P. W. 13-Sri M. N. Venkatasubbaiah, Advocate, who is residing at saraswathipuram, Mysore, appears to have warned and advised the accused-Venkatesh, while he was making galata with P. W. 8-Paddama, who is the neighbourer of P. W. 13-Venkatasubbaiah. In that connection, it appears P. W. 13-M. N. Venkatasubbaiah, reported to saraswathipuram Police, whereas the accused was secured and warned. Thereafter, on 17-3-1993, at about 2. 15 p. m. , while P. W. 13-Venkatasubbaiah was proceeding to his house on his moped bearing no. KA 09-H. 2069 at Saraswathipuram, from the Court, the accused-Venkatesh stopped him from proceeding further near the tailoring Shop of one Ninganna-P. W. 9 and the house of one Advocate venkatachalapathy, sprinkled chilly powder on the face of P. W. 13- venkatasubbaiah, caught hold of his stuff and assaulted him with machchu-M. O. 3 over his face and head and other parts of the body and attempted to commit his murder. Immediately, P. W. 9-Ninganna and p. W. 5-Vidya, P. W. 6-Joseph and other 3 or 4 persons rushed to the spot. By that time, P. W. 13-Venkatasubbaiah had suffered bleeding injuries. Immediately on coming to know of the incident, the son of P. W. 13- venkatasubbaiah namely, M. V. Krishna-P. W. 1 rushed to the spot, took his injured father in an autorickshaw to Kamakshi Hospital for treatment. Then he went to the Saraswathipuram Police Station and lodged a complaint-Ex. P. 1 with the Sub-Inspector Sreenivasa Rao-P. W. 17. Immediately on coming to know of the incident, the son of P. W. 13- venkatasubbaiah namely, M. V. Krishna-P. W. 1 rushed to the spot, took his injured father in an autorickshaw to Kamakshi Hospital for treatment. Then he went to the Saraswathipuram Police Station and lodged a complaint-Ex. P. 1 with the Sub-Inspector Sreenivasa Rao-P. W. 17. On the complaint of P. W. 1-Krishna, P. W. 17-Sub-Inspector registered a case in Crime No. 61 of 1993 for the offences under Sections 341, 324 and 307 of the IPC, prepared F. I. R. as per Ex. P. 9 and forwarded the same to the Magistrate Court. The injured was treated at kamakshi Hospital by Dr. K. S. Nayak-P. W. 12, Dr. Pundalika herale-P. W. 10 and was also examined by Dr. J. S. Heggade-P. W. 11 and provided timely treatment. The accused on seeing the gathering of the people, climbed a coconut tree with the weapon M. O. 3-Machchu and stayed there for more than 20 hours. It is only on arrival of the Cine star Ambarish, the accused came down. Then the Sub-Inspector-P. W. 17 arrested the accused. In the meanwhile, the P. S. I.-P. W. 17 prepared the spot mahazar as per Ex. P. 2 and seized the luna, wrist watch, chain of p. W. 13-M. O. 2 and the bloodstained hair of P. W. 13-M. O. 3. The I. O. recorded statement of the witnesses, collected the medical certificate and seized the bloodstained clothes of the injured-P. W. 13 as at M. Os. 5 to 8 and also seized the clothes of the accused M. O. 9-Shirt and the machchu-M. O. 3 under the Mahazar-Ex. P. 5. After completion of the investigation, the I. O. filed charge-sheet against the accused for the offences punishable under Sections 341 and 307 of the IPC. The learned c. J. M. , committed the case of the accused to the Court of Sessions judge. ( 3 ) THE learned Sessions Judge secured the presence of the accused, framed charges for the offences under Sections 341 and 307 of the IPC. The accused pleaded not guilty and sought to be tried. While the trial was in progress, the Counsel for the accused filed an application under section 329 of the Cr. P. C. for examination of the accused by a Doctor to ascertain his mental condition. That application was rejected. The accused pleaded not guilty and sought to be tried. While the trial was in progress, the Counsel for the accused filed an application under section 329 of the Cr. P. C. for examination of the accused by a Doctor to ascertain his mental condition. That application was rejected. Subsequently, one more application was filed on the same ground, which also came to be rejected. Later, when the accused appeared nakedly before the Court, he was taken into custody and directed the Jail authorities to refer the accused for medical examination at Mental hospital, Bangalore. After examining the accused, it revealed that the accused was being treated for schizophrenia during the year 1989 and was an in-patient in Mental Hospital from 17-4-1989 to 2-5-1989. Aftetreatment, he was discharged with an advice to continue the medication and also to take tablets. When the accused was referred to mental hospital, he remained there as an in-patient from 9-7-1998 to 12-8-1998 and issued the certificate as per Ex. P. 13, which revealed that the accused was found suffering from schizophrenia. ( 4 ) THE prosecution in all examined P. Ws. 1 to 18, marked Exs. P. 1 to p. 14, and produced M. Os. 1 to 10. The statement of the accused was recorded under Section 313 of the Cr. P. C. The defence is one of total denial. However, the accused did not choose to lead any evidence. The learned Sessions Judge, after hearing the prosecution and the defence, recorded a finding of guilt for the offence under Sections 341 and 307 of the IPC and sentenced as above. It is this judgment of conviction and sentence, which is questioned, in the present appeal. ( 5 ) SRI Dinesh Kumar, K. Rao, Amicus Curiae, appearing for the accused-appellant contended that the learned Sessions Judge has not taken note of the medical evidence of P. W. 18-Dr. C. R. Chandrashekar. It is clear from Ex. P. 13 (Neuro Hospital Letter) that the accused was suffering from schizophrenia nos Complex Partial Seizure, for which he was treated at NIMHANS from 17-4-1989 to 2-5-1989. It is also in the evidence of P. W. 18-Dr. C. R. Chandrashekar that when the accused was brought to NIMHANS on 9-7-1998, he personally examined him and on examination found that he is suffering from schizophrenia and that he was an in-patient from 9-7-1998 to 12-8-1998. It is also in the evidence of P. W. 18-Dr. C. R. Chandrashekar that when the accused was brought to NIMHANS on 9-7-1998, he personally examined him and on examination found that he is suffering from schizophrenia and that he was an in-patient from 9-7-1998 to 12-8-1998. Thereby, the evidence of p. W. 18-Dr. C. R. Chandrashekar shows that the accused was suffering from "lucid-intervals" that means some sort of mental disorderlyness. Therefore submitted that the act of the accused assaulting P. W. 13- venkatasubbaiah was not intentional and that the accused did not have any motive to assault. Therefore, the accused is entitled for the benefit of Section 84 of the IPC. Further, submitted that the conviction of the accused for a period of five years for the offence under Section 307 of the ipc is very extreme if the conditions of the accused were to be taken into consideration. Further, submitted that the act of assault of the accused under the unsound mind, is not an offence. Further, submitted that after the incident in question, it is seen that the accused climbed a coconut tree and remained there for more than 20 hours, which shows that his mental condition was not normal and a normal human being would not have remained on the coconut tree for about 20 hours. Therefore, prayed to set aside the judgment of conviction and to acquit the accused. ( 6 ) SRI S. G. Rajendra Reddy, learned High Court Government Pleader, submitted that the accused was in the habit of climbing coconut trees for the purpose of plucking coconuts and used to collect some amount from the owners of the trees. Further, submitted that it is in the evidence that the accused was making galata with one Paddama-P. W. 8, who is the neighbourer of the injured P. W. 13-Venkatasubbaiah. In that connection, P. W. 13-Venkatasubbaiah advised the accused and also reported the matter to the police station, wherein the accused was secured to the police station and warned. The accused appeared to have been annoyed while P. W. 13-Venkatasxibbaiah was returning home from the Court. Therefore, he stopped him near the Tailoring Shop of P. W. 9- ninganna, which is at a distance of about 100 yards from the house of p. W. 13-Venkatasubbaiah. The accused appeared to have been annoyed while P. W. 13-Venkatasxibbaiah was returning home from the Court. Therefore, he stopped him near the Tailoring Shop of P. W. 9- ninganna, which is at a distance of about 100 yards from the house of p. W. 13-Venkatasubbaiah. After making him to stop, caught hold of the hair of P. W. 13-Venkatasubbaiah, sprinkled chilly powder on his face and assaulted with Machchu-M. O. 3 on his face. When the people started gathering at the spot, the accused ran and climbed a coconut tree, which is situated at Ram Mandira compound and remained there for more than 20 hours. Further, submitted that though it is in the evidence of P. W. 18-Dr. Chandrashekar that the accused was treated for the disease schizophrenia during April and May 1989, the fact remains that his mental condition was perfect when the incident of assault took place. Therefore, the accused is not entitled for the benefit of Section 84 of the IPC. Also submitted that though it is in the evidence of P. W. 18-Chandrashekar that when he examined the accused on 9-7-1998, he found the accused was suffering from schizophrenia, it does not mean that the accused was throughout suffering from unsound mind to extend the benefit of Section 84. Further, submitted that the manner in which the accused has planned to stop P. W. 13-Venkatasubbaiah while he was coming on a moped, and resisted him from proceeding further, sprinkled chilly powder and then assaulted with M. O. 3-Machchu, clearly establish the fact that the accused attempted to murder, attracts the ingredients of Section 307 of the IPC as well as the ingredients of section 341 of the IPC. Further, submitted that the evidence of P. W. 5-Vidya, P. W. 6-Joseph, P. W. 7-Taheera Begum, P. W. 9- Ninganna, fully establishes and corroborates the evidence of P. W. 13-Venkatasubbaiah insofar as the accused restraining the injured from proceeding further, assaulting him with M. O. 3-Machchu, causing injuries. Coupled with that it is in the evidence of P. W. 1-Pundalika Herale, P. W. 11-J. S. Heggade, P. W. 12-Dr. K. S. Nayak that the injured was treated at kamakshi Hospital and if timely treatment would not have been given, he would have died. Therefore, prayed to dismiss the appeal by confirming the conviction and sentence. Coupled with that it is in the evidence of P. W. 1-Pundalika Herale, P. W. 11-J. S. Heggade, P. W. 12-Dr. K. S. Nayak that the injured was treated at kamakshi Hospital and if timely treatment would not have been given, he would have died. Therefore, prayed to dismiss the appeal by confirming the conviction and sentence. ( 7 ) IN the light of the submissions made, the point for consideration that arises: "whether the learned First Additional Sessions Judge, Mysore, justified in convicting the accused for the offence under Sections 341 and 307 of the IPC sentencing him to undergo S. I. for a period of five years and as well as for a period of one month respectively? if so, whether it is liable to be interfered with?" ( 8 ) IN order to justify the conviction, the prosecution has to prove that: (I) that the death of a human being was attempted; (II) that such death was attempted to be caused by, or in consequence of, the act of the accused; (III) that such act was done with the intention of causing death; or that it was done with the intention of causing such bodily injury as: (a) the accused is likely to cause death; or (b) was sufficient in the ordinary course of nature to cause death; or that the accused attempted cause such death by doing an act known to him to be so imminently dangerous that it must in all probability cause (1) death, or (2) such bodily injury as is likely to cause death, the accused having no excuse for incurring the risk of causing such death or injury. It is therefore, the evidence on record has to be re-appreciated. ( 9 ) P. W. 13-Venkatasubbaiah in his evidence has stated that he is practicing as an Advocate in Mysore since 32 years. He know the accused and he has been seeing him since 2-3 years. He falls coconuts from trees for coolie charges. Further stated that P. W. 8paddama is his neighbourer and 2 or 3 days before Deepavali of 1992, accused came near the house of Paddama and made some galata. In that connection p. W. 13 advised the accused not to do so. On the very next day, when p. W. 8-Paddama was alone in the house, the accused came and made galata. In that connection p. W. 13 advised the accused not to do so. On the very next day, when p. W. 8-Paddama was alone in the house, the accused came and made galata. On that day also he advised him saying not to do so and went to saraswathipuram Police Station and reported the same to the police. The accused was called to the police station, advised and warned. Further, stated that Paddama's husband might have given complaint to the police. Also stated that when Paddama's husband came to him, he advised him to approach the police. On 17-3-1993 while he was going home, which is situated at 2nd Main, 6th Cross, Saraswathipuram, for having lunch, near Tailor Ninganna's shop and Advocate venkatachalapathi's house, the accused stopped him, sprinkled chilly powder on his face, caught hold of his hair and started assaulting him with Machchu-M. O. 3. He has further stated that when the accused tried to assault with Machchu-M. O. 3, on his neck, unfortunately, it fell on his right cheek and he started beating mercylessly on all over the body though he tried to avoid. Further, stated that his right and left hands were cut and there was a head injury and he bent down when the accused was assaulting him. His eyes were burning on account of sprinkling of the chilly powder. Further stated that he fell down from his luna and that there was profuse bleeding. All his clothes were torn and bloodstained. By that time, the public gathered. In the meanwhile, his son P. W. 1-Krishna came and took him to Kamakshi Hospital and there, he was attended immediately and he was admitted as an in-patient for about 13 to 14 days. In the cross-examination P. W. 13-Venkatasubbaiah has stated that he know the accused since last 2 years and P. W. 8-Paddama is his neighbourer and that the accused quarreled with her about 5 to 6 months earlier. In that connection, he advised him not to make any galata. He has further stated that on the next day also, the accused was making galata with P. W. 8- Paddama. On enquiry he came to know that the accused had committed theft in her house and stated that he has not given any written complaint and that only orally informed the police that the accused used to come every day and make galata. On enquiry he came to know that the accused had committed theft in her house and stated that he has not given any written complaint and that only orally informed the police that the accused used to come every day and make galata. In the further cross-examination, he denied the suggestion that there was any physical quarrel between him and accused. Even though, he requested the police to see that he should not come and make galata again and again and denied all other suggestions. ( 10 ) P. W. 1-Krishna, the son of P. W. 13-Venkatasubbaiah, in his evidence, has stated that on 17-3-1993, between 2. 15 to 2. 30 p. m. , he was in the house and some one came and informed that the accused-Venkatesh was assaulting his father. Immediately he rushed to the spot, which is at a distance of 100 Mts. and found his father fallen with bleeding injuries and the luna was lying on the road and stated that the accused was holding a Machuchu-M. O. 3 and running towards the drain nearby, and that with the help of 3 or 4 persons, he took his father to Kamakshi Hospital in an autorickshaw as his father had sustained severe bleeding injuries. He has further stated that after admitting his father to Kamakshi Hospital, he went to police station and lodged a complaint as per Ex. P. 1 with the Sub-Inspector and stated that the police prepared the spot mahazar as per Ex. P. 2. Further, stated that the accused climbed a coconut tree, which is at Rama mandira compound along with the Machchu-M. O. 3 and that he came down on the next day at about 12. 30 p. m. at the instance of Cine Actor ambarish and stated that the clothes of his father were bloodstained. Machchu is M. O. 3 and knife is at M. O. 4. In the cross-examination, P. W. 1-Krishna has stated that he know the accused since 10 years but he has no contact with him and stated that he has seen him falling the coconuts from the trees of others. He has further stated that when he reached the place of incident, he saw the accused running towards drain and he denied the suggestion that the mental condition of the accused was not correct. He has further stated that when he reached the place of incident, he saw the accused running towards drain and he denied the suggestion that the mental condition of the accused was not correct. ( 11 ) P. W. 5-Vidya, in her evidence has stated that he is residing at 7th cross, Saraswathipuram. She know P. W. 13-Venkatasubbaiah, who is an Advocate and stated that Mr. Venkatasubbaiah was returning to his house from the Court at 7th Cross on his luna on 17th day of March, 1993 between 2. 15 to 2. 30 p. m. , and that she was in the house and when she heard the hue and cry of Mr. Venkatasubbaiah, she came out and saw the accused assaulting Mr. Venkatasubbaiah with Machchu and the luna was lying on the road. Mr. Venkatasubbaiah was in Advocate's dress and fell down and had sustained bleeding injuries on his head. Further, stated that 2 or 3 persons, who were sitting opposite side of the tailor's shop, also saw the assault on Mr. Venkatasubbaiah. After few minutes, the son of Mr. Venkatasubbaiah came there, at that time the accused ran away in front of her house towards the drainage and venkatasubbaiah's son Krishna took him in an auto to the Hospital. In the cross-examination, P. W. 5-Vidya has stated that the accused used to pluck the coconuts from the trees and that she did not ascertain the mental condition of the accused after the incident. ( 12 ) P. W. 6-Joseph, in his evidence has stated that at about 2. 00 p. m. , the lawyer Venkatasubbaiah was coming on his luna near the house of the Advocate Venkatachalapathi and the accused stopped the luna, sprinkled chilly powder on the face of Venkatasubbaiah, suddenly venkatasubbaiah closed his eyes and rubbed. Immediately, the accused caught hold of the hair of Mr. Venkatasubbaiah and assaulted 3 to 4 times with Machchu on his head, face and hands. Further stated that luna fell down and Mr. Venkatasubbaiah also fell down. There was bleeding injuries and his clothes were bloodstained. ( 13 ) P. W. 7-Taheera Begum, the resident of Saraswathipuram in her evidence has stated that on 17-3-1993 at about 3. 00 p. m. she was coming from Saraswathipuram towards Kesare. At that time, Advocate venkatasubbaiah was coming on his luna from 1st main near a clinic. There was bleeding injuries and his clothes were bloodstained. ( 13 ) P. W. 7-Taheera Begum, the resident of Saraswathipuram in her evidence has stated that on 17-3-1993 at about 3. 00 p. m. she was coming from Saraswathipuram towards Kesare. At that time, Advocate venkatasubbaiah was coming on his luna from 1st main near a clinic. The accused stopped the luna and sprinkled chilly powder. Mr. Venkatasubbaiah started crying out. The accused held venkatasubbaiah's hair and assaulted him with Machchu on the head and other parts of the body. The luna fell down and Mr. Venkatasubbaiah also fell down. In the cross-examination, P. W. 7-Taheera Begum has stated that prior to the incident, she did not know anything about the accused. ( 14 ) P. W. 8-Paddama, in her evidence has stated that the Advocate venkatasubbaiah is her neighbourer and she know the accused. Accused used to pluck coconuts from the trees for coolie. Further stated that about three years' back she performed her daughter's marriage. Two days after the marriage, when her younger sister was going to latrine, the accused tried to snatch her gold chain. Then she lodged a complaint against the accused in the police station. Further, stated that Mr. Shakeel Ahmed of Saraswathipuram Police Station secured the accused to the police station and advised him not to do so. Further stated that during Deepavali of 1992, when she was going to shop, the accused met her and giving her three or four letters, told that she should act only as per the letters. She took those letters and came home. In that letter the accused had written that she should pay him Rs. 10,000/- within three days as compensation for sending him to jail and if not, he will kill her husband and son-in-law. Further stated that her husband took those letters and showed it to Advocate Venkatasubbaiah, who is his neighbourer. Then Mr. Venkatasubbaiah asked him to keep quiet for three days. After three days, when P. W. 8-Paddama's husband left the house the accused went to her house and asked her to pay Rs. 10,000/ -. Then she informed the same to Mr. Venkatasubbaiah. He came and advised the accused. Then the accused made galata and went away. Thereafter, Mr. Venkatasubbaiah, went to the police station and gave a complaint against the accused. 10,000/ -. Then she informed the same to Mr. Venkatasubbaiah. He came and advised the accused. Then the accused made galata and went away. Thereafter, Mr. Venkatasubbaiah, went to the police station and gave a complaint against the accused. ( 15 ) P. W. 9-Ninganna, in his evidence has stated that his Tailor shop is in the 1st Main, 7th Cross, Saraswathipuram. There is a galli to the left side of his shop and to its left side is Advocate Venkatachalapathy's house. There is a drain opposite to his shop. He know Advocate venkatasubbaiah. His house is in 2nd Main. Further, stated that one year back on one day between 2 to 2. 15 p. m. , Mr. Venkatasubbaiah was coming on his luna in front of his shop and he heard hue and cry of Mr. Venkatasubbaiah. Then he saw the accused holding Venkatasubbaiah's hair and assaulted him with Machchu. Venkatasubbaiah fell down and so also his luna. People gathered, the accused ran away towards the drain. Venkatasubbaiah's son Krishna came and took him in an autorickshaw to the hospital. In the cross-examination, P. W. 9-Ninganna has stated that he is residing at Saraswathipuram since last 10 years and has been seeing the accused since then. Further, stated that he used to talk to the accused regarding plucking of tender coconuts. Further stated that he did not find any symptoms of unsoundness in the accused, on the day of incident and stated that the accused is behaving as a normal person. ( 16 ) P. W. 10-Dr. Pundalika Herale in his evidence has stated that he is practicing as paralistic surgeon for the last 12 years. He used to visit kamakshi Hospital. Further stated that on 17-3-1993, he examined Sri venkatasubbaiah at Kamakshi Hospital at 3. 30 p. m. in the casualty. There was profusely bleeding with scalp and hand injuries. He gave him first aid in the casualty and thereafter took him to the operation theatre and started repairing all his wounds at 5. 15 p. m. He found compound fracture dislocation of M. P. Joint capsule of proxible fallings base remove joint capsules repairs extension trend repairs. There was profusely bleeding with scalp and hand injuries. He gave him first aid in the casualty and thereafter took him to the operation theatre and started repairing all his wounds at 5. 15 p. m. He found compound fracture dislocation of M. P. Joint capsule of proxible fallings base remove joint capsules repairs extension trend repairs. Other injuries he found are: (a) Laceration over the inner and under left wrist; (b) Two laceration one above and one below the left elbow joint; muscle deep torn muscle, skin sutured; (c) Multiple lacerations over the scalp sutured, bone guttered at 3 places; (d) Two lacerations over the lower lip. He further stated that entries are made in the case sheet-Ex. P. 6. Also stated that if the patient had not received the medical treatment immediately, he would have succumbed to the injuries. ( 17 ) P. W. 11-Dr. J. S. Heggade, in his evidence, stated that on 18-3-1993, one patient by name Venkatasubbaiah, admitted to the kamakshi Hospital, was referred to me. On examination, he found fracture of lower third of the right ulna with little displacement. He advised him to continue the treatment. ( 18 ) P. W. 12-Dr. K. S. Nayak in his evidence has stated that he is working as Medical Officer in Kamakshi Hospital since 12 years. On 17-3-1993 at 2. 40 p. m. , he admitted one person by name venkatasubbaiah in the said hospital with a history of having been assaulted by an unknown person and he was accompanied his son and other public. On examination, he found as many as 9 injuries and issued the wound certificate as per Ex. P. 7. Further, stated that after examining the weapon produced by the police, he has furnished his opinion as per Ex. P. 8 and the case sheet in respect of the injured of kamakshi Hospital is at Ex. P. 6. ( 19 ) THE evidence of Venkatasubbaiah-P. W. 13 goes to show that on 17-3-1993, while he was returning to his house on his luna with advocate's uniform, the accused stopped him near the tailoring shop of ninganna-P. W. 9, sprinkled chilly powder and assaulted him with M. O. 3-Machchu. It is also in his evidence that when the accused tried to assault over his neck, he escaped and it fell on his face and also stated that he sustained injuries and fractures. It is also in his evidence that when the accused tried to assault over his neck, he escaped and it fell on his face and also stated that he sustained injuries and fractures. ( 20 ) THE evidence of P. W. 13-injured is fully corroborated with the evidence of P. W. 9-Ninganna, who speaks to the fact that at about 2. 00 or 2. 15 p. m. , he saw Venkatasubbaiah-P. W. 13 coming on his luna and the accused stopping him and assaulting with the Machchu. When the people started gathering, the accused ran towards the drainage. ( 21 ) SIMILARLY, the evidence of P. W. 5-Vidya shows that her house is situated at 7th Cross, Saraswathipuram and on the date of the incident, she was in the house and she heard the hue and cry of venkatasubbaiah-P. W. 13, who is known to her and she saw the accused assaulting him with Machchu. As a result, Venkatasubbaiah fell down along with his luna and the people started coming near the spot. ( 22 ) SIMILARLY, the evidence of P. W. 6-Joseph goes to show that while he was coming near the house of Advocate Venkatachalapathi, the accused stopped the luna on which Venkatasubbaiah-P. W. 13 was coming and sprinkled chilly powder on his face, while Venkatasubbaiah rubbing his eyes, the accused caught hold of his hair and assaulted with machchu resulting in severe bleeding injuries. So also, the evidence of p. W. 7-Theera Begum, establishes the fact that while she was getting back from Saraswathipuram, she saw the accused stopping luna on which Venkatasubbaiah was coining and assaulted him with Machchu. It is also stated the evidence of P. W. 5-Vidya, P. W. 6-Joseph as well as p. W. 9-Ninganna and P. W. 13-injured Venkatasubbaiah that the accused used to pluck coconuts from the trees and collecting charges from various persons of Saraswathipuram locality. Even it is stated in the evidence of Ninganna-P. W. 9 of the Tailoring Shop that on many occasions, he had spoken with the accused, wherein the accused was asking him whether he requires any tender coconuts and to ask him if he needs. Therefore, it shows that in the area of Saraswathipuram, the accused was plucking the coconuts from the trees of many persons. That apart, the testimony of P. Ws. Therefore, it shows that in the area of Saraswathipuram, the accused was plucking the coconuts from the trees of many persons. That apart, the testimony of P. Ws. 9, 5, 6 and 7 clearly corroborates with the evidence of P. W. 13 insofar as the act of the accused assaulting venkatasubbaiah with Machchu-M. O. 3. Further, the evidence of the medical Officer P. W. 12-Dr. K. S. Nayak speaks to the fact of admitting the injured Venkatasubbaiah, who was brought by P. W. 1-Krishna and found as many as 7 injuries. The same is evidenced from the wound certificate-Ex. P. 7. Similarly, the evidence of P. W. 10-Pundalika Herale goes to show that he started repairing the wounds in between 5. 15 p. m. to 6. 30 p. m. and found the following six injuries:1. Right hand: Compound fracture dislocation of M. P. Join of little fingure. Reduced free and of the joint capsule of proxible fallings base remove joint capsules repairs extension trend repairs; 2. Laceration over the inner and under the right of the right inch 2" x 1" repaired in layer; 3. Left hand: Laceration over the inner under the left wrist repaired; 4. Left forearm: Two lacerations one above and one below the elbow joint. 1" x 1", 3" x 1" respectively muscle deep torn, muscle repaired skins sutured; 5. Multiple lacerations over the scalp sutured, bone guttered at 3 places; 6. Two lacerations over the lower lip repaired. ( 23 ) IT is also in the evidence of P. W. 10 that if timely treatment were to have not given, the injured would have succumbed to the injuries and the nature of injuries and the manner in which the accused assaulted, establishes the fact that he assaulted so as to take away the life of the injured Venkatasubbaiah. But, on account of the gathering of the people, he left the spot, ran towards the drainage and claimed a coconut tree nearby situated in Rama Mandira compound, who was made to get down after Cine Star Ambarish came and who gave him Rs. 500/ -. Thereby, it is clear that the ingredients of Section 307 are proved. ( 24 ) NOW, the next question that arises for consideration is: Whether the act of the accused was in an unsound mind, so as to come within the general exception of Section 84 of the IPC? 500/ -. Thereby, it is clear that the ingredients of Section 307 are proved. ( 24 ) NOW, the next question that arises for consideration is: Whether the act of the accused was in an unsound mind, so as to come within the general exception of Section 84 of the IPC? section 84 of the IPC reads thus:"act of a person of unsound mind.-Nothing is an offence which is done by a person who at the time of doing it, by reason of unsoundness of mind, is incapable of knowing the nature of the act, or that he is doing what is either wrong or contrary to law". ( 25 ) IN order to come within the general exception of this section, it is to be proved that: (A) the accused was of an unsound minded at the time of commission of assault; (b) by reason of unsoundness of mind, the accused was incapable of knowing the nature of the act, or that what he is doing is wrong or contrary to law. ( 26 ) IN the present case, the evidence of P. W. 8-Paddama reveals that the accused has made an attempt to snatch the gold chain from her younger sister while she was going to latrine. It is also in her evidence that while she was going on the road, the accused met her and gave 3 or 4 letters, in which it was written that she should pay an amount of Rs. 10,000/- as compensation. In that connection, it appears, the Advocate venkatasubbaiah-P. W. 13 had interfered and also tried to advise the accused and lodged a complaint with the Saraswathipuram Police station, which appears to have annoyed the accused. ( 27 ) IT is pertinent to note that the evidence of P. W. 18-Dr. C. R. Chandrashekar, Additional Professor of Psychiatry, NIMHANS, bangalore, shows that the accused was admitted as an in-patient from 17-4-1989 to 2-5-1989. As is found from the case sheet, at the time of admission of the accused to the NIMHANS hospital, the behaviour of talking to and smiling with himself, hearing the voices of unknown (hallucination), poor sleep-appetite, poor personal hygiene and irritability of 2l/2 to 3 years duration. That sort of disease was diagnised as schizophrenia (serious mental disorder ). As is found from the case sheet, at the time of admission of the accused to the NIMHANS hospital, the behaviour of talking to and smiling with himself, hearing the voices of unknown (hallucination), poor sleep-appetite, poor personal hygiene and irritability of 2l/2 to 3 years duration. That sort of disease was diagnised as schizophrenia (serious mental disorder ). At the time of discharge, accused was still suffering from the said symptoms and he was not willing to stay in the hospital with medication. His evidence also shows that the accused was brought to NIMHANS hospital by the Central Jail authority, Mysore, seeking his mental fitness certificate as per the Court direction dated 28-4-1998. He personally examined and attended to the ailment of the accused and on medical examination, he found that the accused was suffering from schizophrenia and complex partial seizure (a type of epilepsy-fits) and the accused was discharged on 12-8-1998. ( 28 ) THE above facts clearly establish that the accused was suffering from schizophrenia i. e. , some sort of mental disorder. From his evidence, it clearly establishes that three years prior to the incident the accused was the patient of schizophrenia. Subsequently, while the trial was in progress as observed by the learned Sessions Judge, the accused used to appear in different dresses before the Court and on one day, the accused appeared 'naked' and on that day, the accused was taken to judicial custody with a direction to get him examined at NIMHANS hospital. The records also reveal that during 1998, the accused was suffering from schizophrenia. P. W. 18-Dr. Chandrashekar, in his evidence at para 9 has stated that the people suffering from schizophrenia are with a lesser degree can plan criminal act. Further, at para 10 he has stated that schizophrenia can be of different grades. They are: (I) Paranoid-type, where he would understand as a normal person but at the same time design criminal plans against his enemies without having any regard to its consequences; (ii) Catatonia-type: excitement and stupor (total reclusive); (iii) Hebephrenia-type: deterioration of the mental condition of the patient is apparent; (iv) Residual-type. The evidence of P. W. 18-Dr. Chandrashekar, further shows, at the time of discharge, the accused did not fit to any one of the above four types of schizophrenia. The evidence of P. W. 18-Dr. Chandrashekar, further shows, at the time of discharge, the accused did not fit to any one of the above four types of schizophrenia. Hence, he is classified as schizophrenia nos, where this type of suffering was not categorised or differentiated. Further, at para 13, he has stated that if the accused had not followed the medication from 1989 onwards, there was every possibility that he might be suffering from schizophrenia, keeping in mind his three years continuous illness prior to 1989, since his disease of epilepsy is not treated it has added to the severity of the disease. ( 29 ) IN the case on hand, there is no clinching evidence to show that the accused was suffering from any such type of schizophrenia at the time of assaulting P. W. 13-Venkatasubbaiah. The other prosecution witnesses P. W. 2-Dayananda M. S. , speak of Seizure Mahazar, under which the clothes of the accused as well as the injured were seized. So also P. W. 3-Prasanna Kumar speaks about the accused climbing coconut tree and sitting on the top of tree and seizure of M. Os. 3 and 4 under the said mahazar, and also about the accused got down from the coconut tree. P. W. 4-Kanna also speaks of the spot mahazar Ex. P. 2 under which the m. O. 1-wrist watch and M. O 2-bloodstained hair were collected. P. W. 16-Basavaraju speaks to the arrival of the Cine Actor Ambarish. ( 30 ) ON a careful scrutiny of the evidence of the accused, injured and other eye-witnesses P. W. 5-Vidya, P. W. 6-Joseph, P. W. 7-Taheera begum as well as P. W. 9-Ninganna, it establishes the fact that the accused, who assaulted P. W. 13-Venkatasubbaiah was not of unsound mind when the act took place. Therefore, the benefit of Section 84 cannot be extended to the accused so as to hold that he committed the act while he was in the state of mind but not of unsoundness. Therefore, the conviction of the accused for the offence under Section 341 as well as under Section 307 does not call for interference. Therefore, the benefit of Section 84 cannot be extended to the accused so as to hold that he committed the act while he was in the state of mind but not of unsoundness. Therefore, the conviction of the accused for the offence under Section 341 as well as under Section 307 does not call for interference. ( 31 ) SRI Dinesh Kumar, the Amicus Curiae, submitted that the accused was in custody during the pre-trial stage and also was in judicial custody after the conviction and has undergone sentence for a period of 2 years and twenty days [from 18-3-1993 to 7-2-1994 (11 months 20 days), from 9-6-1994 to 29-8-1994 (2 months 20 days) and from 17-2-1998 to 28-12-1998 (10 months 11 days)]. Further, submitted that taking into consideration the background of the accused that he being a patient of schizophrenia, and that again if he were to be sent back to prison, there is every possibility of aggravating from his mental sufferings which may result in permanent mental imbalance. Therefore, prayed to take a lenient view and pass appropriate order. ( 32 ) SRI Rajendra Reddy, the learned High Court Government pleader, justified the sentence imposed and prayed to dismiss the appeal as it has clearly stated in the evidence of P. W. 18-Dr. Chandrashekar that, about three years prior to the incident the accused was treated for schizophrenia and that he was an in-patient from 7-4-1989 to 2-5- 1989 and the accused was discharged with an advise to take proper treatment and medication. It is further seen that the accused was examined on 9-7-1998 and found that he was suffering from schizophrenia. Under such circumstances, if the accused were to be again sent back to the prison, it is quite natural that it leads to permanent mental imbalance. ( 33 ) IN Butterworth's Medical Dictionary, II Edition, page 1514, the meaning of the word "schizophrenia" is defined.-"a mental disorder characterized by a special type of disintegration of the personality: thought process are directed by apparently random personal associations rather than logically to a goal, there is incongruity between the content of thought and the corresponding emotion, and an impaired relation to reality"thereby, it is clear, if a person, who is suffering from schizophrenia were to be sent back to prison, it is quite natural that it leads to mental imbalance or mental disorder. ( 34 ) FOR the foregoing reasons, I am of the opinion that the sentence of imprisonment imposed by the learned Sessions Judge for a period of 5 years is liable to be modified by sentencing the accused to undergo simple imprisonment for a period of 2 years 20 days for the offence under Section 307 of the IPC, which he has already undergone. The sentence passed by the learned Sessions Judge for the offence under section 341 of the IPC does not call for interference. ( 35 ) ACCORDINGLY, this appeal is disposed of. The bail bonds stand discharged. ( 36 ) THE fee of the Amicus Curiae is fixed at Rs. 1,000/- --- *** --- .