IMPORTANT POINT
The main legal point established in the judgment is the court's interpretation of the accused's mental state and the plea of insanity in relation to the commission of the crime. The court also emphasized the importance of evidence and the absence of supporting evidence for the plea of insanity.

JUDGMENT :

Goutam Bhaduri, J

Heard.

1. This criminal appeal preferred by the appellant under Section 374 (2) of the Code of Criminal Procedure is directed against the impugned judgment dated 30/12/2020 passed by the Additional Sessions Judge, Pathalgaon, District Jashpur, C.G. in Sessions Trial No.31/2019 whereby the appellant has been convicted and sentenced as under:-

2. (A). The case of the prosecution, in brief, is that on 11/07/2019 at about 9-10 am the complainant Purnima Chouhan (PW-1) along with her husband Sandeep Tigga, the accused, and the children were in the home and on some interaction, initially the accused tried to strangulate the wife, however, the wife escaped and along with her two children she came to the courtyard. Thereafter, the accused came with an axe and chased them to kill. At that time, the elder daughter Palak (since deceased), aged about 6 years, was left inside the house and the complainant asked her daughter also to run away. Subsequently, after some time she did not find her daughter; called her brother-in-law; and asked him to call the accused. Then the family members, on being asked by the complainant, went to her house and when they came back stated that the blood was scattered on the floor and they felt that the daughter has been buried into the ground inside the room.

(B). The deceased when was not found the complainant along with the nearby residents came and saw that the blood was scattered in the house and the accused had killed his own daughter and buried inside the room. Thereafter, on the report of the complainant, the merg intimation Ex. P/1 and Dehati Nalsi Ex. P/2 were registered. The dead body was exhumed by Ex. P/6 and Panchnama was prepared and thereafter the dead body was sent for postmortem. After the postmortem, it was revealed that the death was homicidal in nature, pursuant to which the offence under Section 302 & 201 IPC was registered. Thereafter, the accused was apprehended and his memorandum statement was recorded on the same date i.e. on 11/07/2019 and the axe was recovered by Ex. P/10 and from the spot blood stained soil; broom; one iron belcha; and one crowbar (sabbal) were seized. Thereafter, after recording of the statement of the witnesses, the charge-sheet was filed.

3. The appellant before the sessions Court abjured his guilt during trial and claimed to be tried. The prosecution on its behalf examined as many as 15 witnesses and exhibited 31 documents. The accused in his statement under Section 313 Cr.P.C. stated that he has been falsely implicated and the learned sessions Court after evaluating the facts & evidence convicted the accused as aforesaid. Hence this appeal.

4. Learned counsel for the appellant would submit that there is no eyewitness to the incident and it is only on presumption the accused has been inculpated. He would further submit that the accused was not in a fit mental state of affairs and was lunatic which has been admitted by the witnesses including the wife that the accused was half mind and he was treated at Ranchi (Jharkhand), therefore, even if it is held that the appellant has committed the crime, the benefit of Section 84 of the IPC should have been given to him and the sentence for life can be deleted in such case. Accordingly, the instant appeal is liable to be allowed and the judgment of conviction and order of sentence is liable to be set aside.

5. Ex-adverso, learned State counsel would submit that there is no iota of evidence or defence taken before the Magistrate or during the trial that the appellant/accused was suffering with mental disorder or was a lunatic. He would further submit that the evidence of Purnima Chouhan (PW-1),