Point of Law: If accused was not able to establish conclusively that he was insane at time he committed offence, evidence placed before Court by accused or by prosecution may raise a reasonable doubt in mind of Court as regards one or more of ingredients of offence, including mens rea of accused and in that case Court, would be entitled to acquit accused on ground that general burden to prove resting on prosecution was not discharged.

JUDGMENT :

M. S. SONAK, J.

1. Heard Mr. R. D. Hajare, learned Counsel appointed under the Legal Aid Scheme for the appellant and Mr. T.A. Mirza learned Additional Public Prosecutor for the respondent/State.

2. This appeal is directed against the judgment and order dated 15.11.2017 made by the learned Additional Sessions Judge at Chandrapur in Sessions Case No.84/2014 convicting the appellant for the offences punishable under Sections 302 and 307 of the Indian Penal Code (IPC) and sentencing him accordingly.

3. The prosecution version is that, on 19.04.2014 between 9.30 p.m. and 10.30 p.m., the appellant assaulted his two brothers Chandu and Gosai with an axe when they were sleeping on the terrace of the house along with several others. As a result of the assault, Chandu sustained grievous injuries to his head and died of the same. Gosai also sustained grievous injuries but survived. The appellant with the same axe inflicted injuries on himself and ultimately proceeded to the Police Station and surrendered.

4. Mr. Hajare, learned Counsel for the appellant appointed under the Legal Aid Scheme, based on the evidence on record accepted that the injuries sustained by Chandu were homicidal. He also did not seriously dispute that the appellant was the author of the injuries inflicted on his two brothers Chandu and Gosai. He, however, submitted that this was a fit case where the appellant was entitled to the protection under Section 84 I.P.C. because there is ample evidence on record that establishes that the appellant, by reason unsoundness of mind, was incapable of knowing the nature of his act at the time of doing it. He pointed out the evidence on record on this aspect and even relied on certain decisions in support of his contention. He submitted that even though, the burden of proving the people of insanity may be on the accused, such burden has to be discharged not beyond a reasonable doubt, but only by applying the standards of a preponderance of probabilities. He submits that since this aspect has not been properly appreciated by the learned Additional Sessions Judge, the appellant is entitled to be acquitted of the charges leveled against him.

5. Mr. Hajare, learned Counsel for the appellant also submitted that the provisions of Chapter - XXV of the Criminal Procedure Code have not been properly followed in this matter and this is also a reason for interfering with the impugned judgment and order.

6. Mr. T. A. Mirza, learned Additional Public Prosecutor defended the impugned judgment and order based on the reasoning reflected therein. He submitted that the burden of proving the ingredients of Section 84 of I.P.C. was squarely on the appellant and this burden, the appellant, has failed to discharge. He submits that from the conduct of the appellant, particularly the conduct by which he inflicted injuries on himself and surrendered to the Police Station, it is more than evident that the appellant was aware of what he was doing. He submitted that this was sufficient to negate the plea of insanity as contemplated by Section 84 of the I.P.C. He submitted that the appellant, to succeed had to establish legal and not mere medical insanity, which the appellant has miserably failed. He submits that the two Doctors that were examined in this matter also do not support the plea of legal insanity. He, therefore, submits that this appeal may be dismissed.

7. The rival contentions now fall for our determination.

8. In this case, even though, the learned Counsel for the appellant has not challenged the findings recorded by the learned Additional Sessions Judge that the appellant was beyond a reasonable doubt, the author of the injuries sustained by his brother Chandu and Gosai, we have ourselves perused through the evidence on record, both oral as well as documentary and satisfied ourselves that the prosecution has indeed established this aspec