Penal Code, 1860–Sec. 84–Evidence Act, 1872–Sec. 105–Burden of proving the existence of circumstances to bring the case within the purview of Sec. 84 lies on the accused in terms of Sec. 105 of Evidence Act, and where the accused is charged for murder, the burden to prove that at a result of unsoundness of mind, the accused was incapable of knowing the consequences of his acts, is on the defence–Mandate of law is that the Court shall presume absence of the circumstances so as to take the case within any of the general exceptions in the Penal Code.
