The prosecution must prove its case beyond reasonable doubt, and a plea of insanity must be supported by medical evidence.

JUDGMENT

Ajay Kumar Gupta, J. - This instant appeal has been filed against the judgment and order dated 16. 04.2015 and 17.04.2015 passed by the Additional Sessions Judge, 1st Court, Contai in Sessions Trial No. II/February/2009 whereby convicting the appellant under Section 302/324 of the Indian Penal Code and sentenced the appellant to undergo rigorous imprisonment for life and pay a fine of Rs. 5,000/-, in default, to suffer simple imprisonment for a further term of 6 months for the offence punishable under Section 302 of the Indian Penal Code and also sentenced to suffer rigorous imprisonment for a period of two years and shall pay a fine of Rs. 2000/-, in default, to suffer simple imprisonment for a further period of three months for committing the offence punishable under Section 324 of the Indian Penal Code. Sentence under all counts shall run concurrently.

2. Sans unnecessary details, the prosecution case is that the marriage between the appellant Kalipada Giri and Mithu Giri, daughter of Asit Giri was solemnized 6 years ago from the date of incident. After marriage there was a quarrel between the couple over domestic chores. Kalipada used to abuse his wife and torture both mentally and physically upon her and for that several occasions village Salish meeting were held. On 18.10.2007 at about 5.30 a.m. a brawl cropped up between the appellant and his wife. Hearing the cries of appellant's wife Mithu and his child Suman, Basanti Giri rushed to the house of the appellant with her grand-child in her lap. Having seen Basanti, the appellant attacked and assaulted both Basanti and her grand-child by a sharp cutting instrument called 'hansua' (which is generally used for cutting green coconuts). Kajal Jana, her husband Himangshu Jana, Bhola and Panchu also rushed to the house of the appellant to rescue them after hearing the hue and cry of Basanti but the appellant also attacked and assaulted them with the said hansua. It was found appellant's wife Mithu, his child Suman, Kajal, Himangshu, Bhola, Panchu, Basanti were lying there in the house in severe bleeding injuries. Appellant's wife Mithu and appellant's son Suman found died in the place of occurrence due to stabbing them by hansua by the appellant. Basanti was admitted to Darua hospital but other victims were referred to Kolkata for better treatment. Appellant has consumed poison after the incident. One Nilkantha Giri lodged a written complaint on such incident before the Officer-in-Charge of Contai Police Station in resulting Contai Police Station Case No. 206/2007 dated 18.10.2007 under Section 326/307/302/309 of the Indian Penal Code was registered.

3. The said case was entrusted to the investigating officer to cause investigation who investigated the case and finally completion of investigation submitted charge sheet against the appellant under Section 302/324/307/309 of the Indian Penal Code.

4. Charge was framed under Section 302/324/307/309 of the I.P.C. against the appellant, who was pleaded not guilty and claimed to be tried. In order to prove the case, prosecution examined 27 witnesses and exhibited number of documents as Exhibits 1 to 20.

5. Defence of the appellant was that he is innocence and false implication. During questioning by the Court under Section 313 of the Cr.P.C., he admitted he had murdered his wife and son and assaulted other relatives.

6. After appreciation of the oral evidence and considering the admission by the appellant during examination under Section 313 of the Cr.P.C, the Trial Judge, by impugned judgment and order, convicted and sentenced the appellant as mentioned above.

7. Learned counsel, appearing on behalf of the appellant, submitted that the appellant is innocent and he has been falsely implicated into this case. Actually he was suffering from mental disorder at the time of alleged offence. It is the case of the prosecution also that on the date of incident he tried to kill himself by having poison, thus it was in all probability that h