IMPORTANT POINT
The crucial point of time at which unsoundness of mind has to be proved is the time when the crime is actually committed.

JUDGMENT

D.P. Mohapatra, J.- The accused in Sessions Case No. 32 of 1983 of the court of the Additional Sessions Judge, Koraput has filed this appeal challenging the judgment of the court convicting him under Section 302, Penal Code and sentencing him to undergo rigorous imprisonment for life. The allegation against the appellant was that on the night of 3rd April, 1983 at about 2.00 a.m. he committed the murder of two persons viz. Laxman Chikimia and Sukra Marichpaulia by intentionally causing their death by means of an axe.

2. The prosecution case as disclosed from the First Information Report (Ext. 1/1) lodged by Jagannath Chikimia (P.W. 1) is that about twenty days prior to the occurrence the accused was moving like a vagabond in drunken state. On 2-4-83 at about 3 p.m. he was drunk and after creating some trouble in the house he was going towards Goudaguda. His son Raghunath Chikimia and Nidhi Gouda brought him to the house. The accused was making them to leave him so that he would go away wherever he pleased. The mother of the accused apprehending that he may create trouble requested deceased Laxman to sleep with the accused during night. Laxman and the other deceased Sukra came to the house of the accused after taking their night meal and both of them slept with the accused guarding him. The informant left for his house after warning both the deceased persons to be careful while guarding the accused. At that time the accused was threatening that he would see deceased Laxman.

Late in the night, at about cock-crow time the informant having heard the cry. 'MAR DALA' (I am dying) in the house of the accused came there knocked at the door and called out to open the door, but the door was not opened. The accused and both the deceased persons were sleeping together in the verandah of the house of the former enclosed by Jafry and covered with a Tati having some holes. The electric light was burning inside the enclosed premises. The informant focusing his torch through the hole saw that the deceased Sukra was lying with a cut injury on his neck with blood oozing cut and Laxman could not be seen. The accused was standing near Sukra holding the axe. The informant asked the accused to open the door, but he put off the light. Thereafter the mother of the accused and some villagers, viz., Bhagaban Naik (P.W. 4) Anama Charan Bisoi (P.W. 2), Laxman Borik, Shyam Halwa, Loku Pujari and others came there. Anama Charan Bisoi focused his torch through the hole and found that Sukra was lying flat in a pool of blood, his neck having been cut and the accused was standing in one corner. Apprehending that the accused may run away all the persons gathered there guarded a portion of the house and the ward member of Goudaguda, Chaitan Gouda (P.W. 3) was called. When Chaitan reached the spot, he focused his torch through the hole and saw the same thing. The informant. accompanied by Bhagaban Naik (P.W. 4), Anama Charan Bisoi (P.W. 2 ) and Laxman Borik came to the Police Station and reported the occurrence to the police whi.ch was reduced into writing (Ext. 1/1).

The Officer-in-charge of the Police Station along with his staff came to the house of the accused. The informant and P.W.3 accompanied him. On his arrival the Officer-in-charge found that door of the house of the accused was still closed. He asked the accused to open the door. The accused opened the door and came out. Immediately thereafter he was arrested and interrogated. The accused stated that he had kept the axe (M.0.I) concealed in the room in the space lying between two bamboo containers used for storing paddy, led the police officer and others to the place, brought out the axe and produced the same before the Officer-in-charge who seized it. All of them saw that both the deceased persons were lying dead in the room in pool of blood Sukra had four cut injuries and Laxman had five; the head of Laxman was severed from the body and the neck of Sukra was cut and the head was about to be s