The main legal point established in the judgment is that the plea of insanity under section 84 of the Indian Penal Code is not available if the accused well planned the execution of the crime and did not act under mentally unsound conditions.

B. H. MARLAPALLE, J.

( 1 ) THIS appeal arises from an order of conviction and sentence recorded by the learned IInd Additional Sessions Judge, jalna, in Sessions Case No. 4 of 2001, on 15th April, 2002, for the offence punishable under section 302 of Indian Penal Code, inasmuch as, the appellant had killed his two minor daughters, by name, Shahanaz and Najama.

( 2 ) AS per the prosecution case, the appellant/accused was married to sayarabi about 12 years prior to the date of incident. They begot two sons and four daughters. However, the sons had died immediately after their birth. The names of the daughters were Parvin, Shahnaz, Najama and Sultana. The Jast daughter was an infant on the date of the incident, whereas Parvin was about 9 years; Shahnaz was about 6 years; Najama was of 3 years; and Sultana was few months old. They were initially staying at village Kanphodi and the accused was not doing any work inspite of his parents telling him to undertake some work. The couple, therefore, shifted to the nearby village Rohina where parents of sayarabi were staying. The distance between the two villages is about 2 miles. They had constructed a hut with tin shed roof. On 25-5-2000, the accused asked his wife to go to Kanphodi and bring back Parvin who was staying with his parents for some days. She, therefore, left from Rohina at about 10 a. m. and came back with daughter Parvin to Rohina at about 12. 30 noon. She did not return home as her husband met her at S. T. Stand only and told her to take back Parvin to village Kanphodi. She, therefore, again went to village Kanphodi. She returned to village Rohina at about 10 p. m. after dropping Parvin at village Kanphodi. When she went home, her husband did not allow her to cook and they went to bed. He got up in the midnight and, therefore, she asked him as to what had happened. He informed her that he had killed shahnaz and Najama by strangulation with rope of mosquito net and kept their dead bodies in different boxes in the house. She went to see boxes so as to check the veracity of his statement and at that time, he ran away. She opened the boxes and noticed the dead bodies of both the children and raised shouts. She went to her parents home and also met the Sarpanch Namdeo (PW 2) who was the neighbour of her parents. Police was called. In the presence of her parents and villagers, the iron boxes were opened and the dead bodies of the two daughters were found. The mortal remains of Shahnaz were kept in bigger box, whereas najamas dead body was kept in the small box. Along with the Sarpanch, she went to Police Station at Partur and filed F. I. R. Exhibit 30. Both the dead bodies were sent for post mortem. The accused was taken in custody on 26-5-2000 at about 11 a. m. but not from his house. After investigation, charge sheet was filed and the case was. committed to the Sessions Court. In rebuttal, the accused had pleaded insanity and thus sought protection of section 84 of Indian Penal Code. Even in his statement recorded under section 313 of Criminal Procedure Code, he had taken a plea that he was not having any capacity to understand at the relevant time. He examined Dr. Netto Stainly (DW 1), a Psychiatrist attached to the Regional Mental Hospital at Yerwada, Pune. The trial Court did not find case for protection under section 84 of Indian Penal Code and held that the prosecution proved beyond reasonable doubt, that the accused was guilty of murdering his daughters by strangulation on 25-5-2000 while his wife was away from house with the eldest and youngest daughters.

( 3 ) WE are, therefore, required to consider the sole issue, as to whether the accused had made out a case of his suffering from insanity at the relevant time when he committed the crime of killing two of his minor daughters on 25-5-2000 at village Rohina. Shri Kazi, learned Advocate appearing for the accused read through the evidence of the witnesses and more particularly, Sayarabi (PW 1), sayed Kasim (PW3)