The burden of proof in a plea of insanity is not as onerous as the burden on the prosecution to affirmatively prove guilt, and the defense discharges its burden by establishing facts and circumstances which might lead to a reasonable inference that the accused was of unsound mind at the time of the offense, and that the unsoundness of mind was of the nature or extent mentioned in section 84, Indian Penal Code.

G.N.Prasad, J.

1. Etwa Oraon, who has preferred this appeal from Jail, has been convicted under Sec.302, Indian Penal Code, and sentenced to undergo imprisonment for life. It is alleged that he committed the murders of Mango Oraon who was the wife, and Musammat Charia, who was the aunt, of Bandhu Oraon (P. W. 5). The occurrence took place in the afternoon of the 9th June, 1958, in an orchard known as Baghia Tongri orchard in village Ghalghra Pahan-toli situated at a distance of about ten miles from police station Sessai.

2. The prosecution case is that at about 4 p.m. on the date of the occurrence Mt. Charia was collecting wood under a mahua tree in Baghia Tongri at some distance from the main village. On the same occasion, Mango Oraon was proceeding to village Kocha with a basket with a view to sell sag. In the meantime, the appellant came to the orchard with a lathi in his possession and with that lathi he assaulted Mt. Charia who fell down. Mango Orain wanted to run away from the spot, but the appellant assaulted her also with his lathi with the result that she also fell down.

Birso Orain (P. W. 2), the daughter of Mango Orain, happened to be tending goat in the vicinity and she witnessed the occurrence. She raised an alarm whereupon certain villagers came. In the meantime, the appellant fled in the direction of village Puso after throwing away his lathi in a ditch. Mango was carried to a spot under a mange tree and water was given to her, but she died at the spot. Mt. Charia was taken to her house, but she also died some time after reaching her house.

In the evening, Gere Oraon (P. W. 1) returned to the village from some other village and learnt what had happened. He went to the choukidar and the choukidar came to the village. The choukidar was also informed about the occurrence. Gere Oraon (P. W. 1) proceeded to the police station in the company of the choukidar (P. W. 12) and he lodged the first information report at 6 a. m. in the morning of the 10th June, 1958.

3. The Assistant Sub Inspector (P. W. 16), who recorded the first information, report, exhibit 3, took up investigation. He reached the scene of the occurrence at 10-30 a. m. on the 19th June, 1958 and held inquests over the dead bodies of Mt. Cheria and Mango Oraon, both of which were forwarded to Gumla hospital for post mortem examination.

The Assistant Sub Inspector (P. W. 16) inspected the place of the occurrence and conducted other investigations until the 12th June, 1958. Thereafter further investigation was carried on by the Sub Inspector (P. W. 17), who, in due course, submitted charge-sheet against the appellant. The trial was held by the learned Additional Judicial Commissioner of Chotanagpur resulting in the conviction of the appellant as stated above.

4. The defence of the appellant was one cf insanity within the meaning of Sec. 84, Indian Penal Code. I have used the expression insanity in this judgment in the sense of unsoundness of mind.

5. The solitary witness to the occurrence in this case is Birso Orain (P. W. 2), the daughter of Mango. P. W. 2 has deposed that at the time of the occurrence she was tending goat. Her mother was going to village Kocha to sell Sag. Charia was picking wood at Baghia Tongri. The appellant came from the village and assaulted Charia with a lathi with the result that she fell down. Mango was flying, but the appellant assaulted her also and she too fell down. P. W. 2 has further deposed that she raised an alarm at which Charwa (P. W. 3), Chotua (P. W. 4), Some (P. W. 11) and one Burn came there.

The appellant threw his danta in a ditch and fled towards Puso. The further evidence of P. W. 2 is that Mango succumbed to her injuries under the mango tree where she was brought and given water. Charia was carried home in an injured condition. This evidence of P. W. 2 has been amply corroborated both with regard to the factum of the occurrence as also to the fact of the appellant being the assailant of Charia and Mango b