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Judgment
Surjit Singh, J.—State has appealed against the judgment dated 28.8.1995 of the learned Sessions Court, whereby respondent, who was charged with and tried for offence, u/s 304 (first part) of the Indian Penal Code, has been acquitted.
Respondent was sent up for trial for offence, u/s 304 (first part) of the Indian Penal Code, for allegedly killing a male child, aged about three years, on 13.9.1993 at a place called Nahri, Tehsil Kasauli.
According to the prosecution, parents of the child left for their respective places of work, leaving their children at home. Around 10.00 A.M., when the deceased, under the care and protection of his elder sister PW-1 Sunita, then aged about eight years, was playing in the open near a temple and several other children were also there, respondent who had been roaming about in the area for the last two days, appeared. On seeing her, all the children ran to safety, but the deceased, who being very small, could not run away. He was allegedly hit by the respondent with a danda, which she was holding. Blow landed on the head of the deceased. The child fell down. The respondent then picked up a stone and hit the deceased again. Thereafter the respondent picked up the child and threw him in the nearby bushes. Child died.
Plea of insanity was raised on behalf of the respondent. Learned trial court accepted the plea and acquitted the respondent. The plea is proved from prosecution�s own evidence. PW-1 Sunita, the sister of the child, admitted that the respondent had been moving about like mad woman in the area for the last about two days and she did not know whether what she was doing was right or wrong. To the similar effect is the statement of the mother of the child, PW-3 Lachhmi Devi.
In view of the above stated evidence of the prosecution itself, we see no reason to interfere with the findings of the trial court that the respondent happened to commit the act of killing the child, while suffering from insanity. Therefore, the appeal is dismissed.