JUDGMENT :

BIBEK CHAUDHURI, J.

1. Correctness of the judgement of conviction and order of sentence, dated 15^th of May, 2018 and 18^th of May, 2018, respectively, passed by the learned Additional Sessions Judge, 2^nd, Fast Track Court, Patna, in Sessions Trial No. 230 of 2013, renumbered as Trial No. 17 of 2018, arising out of Jakkanpur P.S. Case No. 249 of 2012, is under challenge in the instant appeal at the instance of the convict. By the impugned judgement, the appellant was convicted under Section 235 (1) of the Cr.P.C. and sentenced to undergo rigorous imprisonment for life till remainder period of life for the offences under Section 302 of the Indian Penal Code.

2. Brief Resume of Facts: - The facts, leading to the present appeal are as follows: -

(i) The prosecution case originates on the basis of a fard beyan of one Shambhu Prasad Sinha, father of the deceased Ruby Sinha, wife of the appellant, which was recorded on 13^th of September, 2012 at about 04.00 P.M., at the residence of the appellant, situated at Loco Colony, Mithapur, within the jurisdiction of Jakkanpur Police Station, Patna.

(ii) The fard beyan unfolds an incident of gruesome murder of the married daughter of the informant and her minor son on 13^th of September, 2012, sometime in the afternoon before 03.30 P.M. It is stated in the fard beyan that, marriage of the daughter of the informant was solemnized with the appellant and they used to reside together in Quarter No. 59 AB, Loco Colony, Mithapur, Patna with their two children.

(iii) On 13^th of September, 2012, at about 03.30 P.M., one Rajan Kumar Verma, brother of the appellant informed the son of the informant, namely, Subir Kumar Sinha that the daughter and grandson of the informant were murdered. After receiving the said information, the informant and his wife rushed to the official quarters of the appellant and found the dead-bodies of his daughter and grandson lying on the front side of the room of the quarter of the appellant with fatal injuries on their head. The injuries were so serious that their skulls were broken, and brain matter came out of the skull. The left hand of the daughter of the informant was fractured and she had serious injuries over her head area. A piece of cloth was pressed inside the mouth of the grandson of the informant and both the dead-bodies were drenched with blood. He also found one flat iron rod used for construction of boundary wall of platforms, measuring three feet in length, lying by the side of the dead-bodies. The said iron rod was also stained with blood. The granddaughter of the informant told him that when she came to their quarters from school on the date of occurrence, she saw that both the main and backside doors were closed from inside. She opened hasp-bolt of the main door inserting her hand through the opening of the door and found dead-bodies of her mother and brother. The appellant was lying in an unconscious state near the sofa-set in the same room.

(iv) The informant suspected that the appellant murdered his wife and minor son with the help of the aforesaid iron rod, and then consumed some sedatives and became unconscious lying near the sofa-set in the same room.

(v) It is also stated by the informant that during medical treatment of the appellant, the Doctor opined that the appellant consumed sedative drugs. The informant also mentioned that when the room of the appellant was closed from both sides, it was not possible for any outsider to commit murder of the wife and the minor son of the appellant. The informant also stated that one Namita @ Bitti, wife of the younger brother of the appellant, Manoj Kumar Verma @ Manoj Kumar were staying in the adjacent room of the same quarter but surprisingly enough, she did not have any idea about the incident. The informant alleged that the appellant committed murder of his wife and son in collusion with Namita @ Bitti.

(vi) The aforementioned incident led to the registration of the First Information Report, being Jakkanp