Penal Code, 1860 – ss. 302, 324 and 84 – Murder – Plea ofunsound mind – Prosecution case that appellant assaulted few withsickle, which resulted in death of one – Appellant then tried to fleefrom the place of occurrence after throwing the weapon but wasapprehended by villagers – Plea of unsoundness of mind byappellant – Rejected by the courts below and conviction of theappellant u/ss. 302, 324 – On appeal, held: In view of the previoushistory of insanity of the appellant, it was the duty of the investigatorto subject the accused to medical examination immediately and placethe evidence before the court – Prosecution deliberately withheldrelevant evidence with regard to the nature of the appellant’s mentalillness, his mental condition at the time of assault, requiringhospitalization immediately after the assault and hindering his arrest,the diagnosis and treatment, and the evidence of the treating doctor– Courts below erred in proper consideration and appreciation ofevidence, virtually abjuring all such evidence available raisingdoubts about the mental status of the appellant at the time ofcommission of the offence – In view thereof, appellant entitled tobenefit of the exception u/s. 84 because of the preponderance ofhis medical condition at the time of occurrence – Prosecution cannotbe said to have established its case beyond all reasonable doubt –Thus, appellant entitled to benefit of doubt and is acquitted.