The prosecution must establish the guilt of the accused beyond a reasonable doubt in a criminal case. A person who is insane at the time of committing an offence is not guilty of that offence.

1. The two appellants, namely, Surju Marandi and Rijha Marandi, related as brothers, were tried by the 2nd Additional Sessions Judge, Bhagalpur for committing the murder of their own youngest brother Sukhu Marandi aged about 12 years only, have been convicted under S.302 of the Indian Penal Code and each of them has been sentenced to rigorous imprisonment for life. They have filed the present appeal from the jail.

2. The occurrence giving rise to this appeal is said to have taken place on the night of 14/15th of March, 1968 in the house of the appellants in village Chattarhan in the district of Bhagalpur, Mst. Nuni Hunsda (P.W. 3), mother of the appellants, lodged a report at the Belhar Police Station on 15-3-1968 at about 10 P. M. stating that her eldest son, namely, Surju Marandi (appellant No.1) was suffering from insanity (Dimag Kuchh Kharab Ho Gaya Tha) since last 10 and 12 days and on that account she and other family members including the wives of appellants and the deceased started residing in the house of Karma Manjhi (P.W. 2), a co-villager and had given up residing in their own house. Rijha Marandi (appellant No.2) her second son, was working in Bakula Colliery. He was sent for by her by a telegram and had come to the village only two days before the occurrence.

3. On the 14th March, 1968 appellant No.2 came to her and asked Sukho to take the buffaloes to their own house and tie them there saying that appellant Surju would not do any harm. Thereupon Sukho went there with the buffaloes and remained there in the night along with the two appellants. In the next morning i.e. 15th March, 1968 at about 6 A. M. P.W. 3 went to her house to call her three sons but found that the door of the house was bolted from inside and in spite of her repeated and loud calls, she did not receive any response from inside the house. She kept waiting till about 10 A. M. but having failed to receive any response, she went to the neighbours and told them of the above facts. The neighbours, however, suggested her to go to the police and accordingly she went to Karmatarn and told the matter to P. W. 19 Lagan Mehra, a constable, who met her. She returned to her village at about 4 P. M. along with him. Some other prosecution witnesses, namely, Lachman Hasda (P.W. 1) Tejo Modi (P.W. 4), Chhotan Marandi (P.W. 5) Jaipla Manihi (P.W. 7). Jesai Marandi (P.W. 10) and Mitan Pandit (P.W. 14) also came there and then both the appellants opened the door and came out of the room of the house. On being asked about Sukho, appellant No. 1 is said to have stated that he had killed him. It was further stated that he also pointed out a gunny bag containing the dead body of Sukhu tied with a rope in the ceiling of the room. P.W. 19 and other prosecution witnesses saw the dead body. Some blood was also found in the court-yard which was washed with cow-dung. P.W. 19 thereupon tied the appellant and sent their mother (P.W. 3) along with P.W. 8 to the police station for reporting the matter. She then lodged the first information report (Ext. 2) before the Belhar police alleging that the appellants had killed her son Sukho Marandi. Both the appellants were sent up for trial and ultimately convicted as already said above.

4. The investigation in this case was conducted by Abdul Razaque, the officer-in-charge of Belhar police station (P.W. 17) who had reached the place of occurrence at about 8 A. M. on 16th March, 1968, having received the report of the occurrence from P.W. 3, P.W. 17 also found some blood marks in the angan and also recovered one Farsa, one Gaita and one Rukhani from the house which were said to contain some blood marks. He also held inquest on the dead body of Sukhu and thereafter sent it to Banka hospital for post mortem examination, The post mortem examination was held by Dr. B.K. Jha (P.W. 15) on 17-3-1968 at about 8.30 P.M. in the Banka Subdivisional Hospital and he found the following ante mortem injuries on the dead body:-

"1. One lacerat