1 appa-516.10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 516 OF 2010 IN CRIMINAL APPEAL NO. 719 OF 2009 Suresh Dnyandeo Kate. ... Petitioner. V/s. The State of Maharashtra. ... Respondents. Mr.A.P.Mundargi, Senior Advocate with Mr.Vikas Shivarkar for the applicant. Mr.D.P.Adsule, APP for the respondent-State. CORAM : A.M.KHANWILKAR AND A.P.BHANGALE, JJ. DATED : 8th December, 2010. P.C. : Heard counsel for the parties. The only argument canvassed before us is that it is a matter of record that the applicant is a patient of paranoid schizophrenia. The fact that the applicant was suffering from paranoid schizophrenia has been spoken even by the prosecution witnesses. 2 appa-516.10 2. However, the crucial question, is whether the applicant suffered an attack of paranoid schizophrenia at the relevant time which impelled him to act in the manner resulting in causing death of his wife. This aspect has been elaborately considered by the trial Court in paragraph-55 onwards upto paragraph-66 of the impugned judgment. The view taken by the trial Court in that behalf appears to be a possible view. In as much as, the defence merely relies on the version of DW-3 who is an independent person examined to disclose about the behavior of the applicant at the relevant time. However, that evidence has not been corroborated by any other evidence. Thus, the finding of fact as recorded by the trial Court in this regard is unexceptionable. Besides, what is relevant to notice is that upon analysis of the evidence of PW-4 done by the trial Court, it has been found that not even a suggestion was put to PW-4 that at the relevant time the applicant had suffered from mental illness which resulted in the incident in question. Failure to put such suggestion to PW-4 militates against the defence taken by the applicant. 3. In other words, it is not possible to gloss over the finding of fact recorded by the trial Court that the defence is not in a position to establish the fact that at the relevant time the applicant did 3 appa-516.10 suffer from the mental illness which was the cause for the incident in question. 4. Thus understood, there is no merit in the application. The same is rejected. 5. At this stage, counsel for the applicant submits that hearing of the appeal be expedited. It will be open for the applicant to file private paper book and if the appeal becomes ready in all respects the same shall proceeded for hearing as per its turn under caption `convicts in jail’ which in itself is an expedited category of cases as per the present assignment. Counsel for the applicant, however, submits that paper books are already prepared. If so, it may not be necessary for the applicant to file private paper book. (A.P.BHANGALE, J.) (A.M.KHANWILKAR, J.)