The judgment establishes the principles for determining the plea of insanity under Section 84 of the Indian Penal Code and the appropriateness of the death penalty in murder cases.

P.G. Agarwal, J.

1. Criminal Appeal 127(J) of 2002 and Criminal Death Reference Case No. 2 of 2002 were heard analogously and disposed of by this common judgment and order.

2. In Sessions Case No. 97(T)/98, the accused appellant Pulu Mura, (hereinafter referred to as the accused) was charged for commission of the offence under Section 302, IPC on the allegation that in between the night of 14-2-1998 and 15-2-1998, he caused the death of his four children, namely, (1) Mantu Mura, (2) Kanchi Mura, (3) Sagi Mura and (4) Mangri Mura. The eldest of the four children was aged about 10 years and the youngest was about 3 years old. The prosecution allegation, as emerged from the evidence on record, is that the wife of the accused-appellant, Pulu Mura, left him and eloped with another person about 3 months prior to the occurrence and thereafter, the accused was residing in his house along with his four children. On the evening of 14-2-1998 the four children had gone to neighbours house to witness T.V. and they allegedly returned late. On the next date (day) morning the accused was seen sitting in the Verandah in his house, whereupon his father, Siva Mura (P.W. 1), who used to reside in a separate house in the same compound, enquired from him about the children as he (P.W. 1) had not seen the children The accused was armed with a dao and he informed P.W. 1 that he had killed his children, entered into the house of the accused. They saw blood marks all over the place and found the dead bodies of the four children of the accused lying there.

3. P.W. 5 is Dr. M.N. Gogol, who held autopsy over the dead bodies and found as follows:

"Monto Mura.

Injuries were as follows :

One lacerated wound in the left parital sculp of the skull of size 8 cm x 2 cm bone exposed.

Cranium and spinal canal, Sculp injury described under wound No. 1 skull fracture of the left parital bone of size 6 cm x 3 cm depressed fracture.

Membrane Lacerated at the fracture side.

Brain : Brain Lacerated and haemorrhage from it."

Kanchan Mura.

Injuries :

(1) Incised wound in the upper part of the neck right side of size 8 cm x 1 cm muscle deep.

(2) One incised wound in the right parital sculp of sized 15 cm x 1 cm bone cut and brain matter out to the exterior.

(3) One incised wound in the chest wall upper part 7 cm x 1 cm muscle deep.

Cranium and spinal Canal : Sculp and skull injury described under wound No. 2 membrane cut under the injury No. 2.

Brain : Brain cut and haemorrhage from it under wound No. 2."

Sagi Mura

INJURIES :

(1) One incised wound in the left parital region of the sculp of size 4 cm x 0.5.cm bone cut and brain matter out.

(2) One incised wound in the right scapular region of seized 10 cm x 2 cm bone cut.

(3) Incised wound in the left scapular region of size 8 cm x 2 cm bone cut in that region.

(4) One incise wound in the chin of size 3 cm x 0.5 cm bone cut.

Cramium and spinal canal : Sculp injury described under the wound No. 1 skull bone cut in the injury No. 1. Membrane cut under the wound No. 1. Brain cut and haemorrhage from it described under the injury No. 1. Brain cut and haemorrhage from it described under the wound No. 1."

Mongri Mura

Injuries :

(1) Multiple bruises in the chest wall with blakish colour of the skin.

(2) Lacerated wound in the occipital region of the sculp of the skull of size 6 cm x 2 cm and bone exposed.

Cramium and spinal canal, Sculp injury described in the wound No. 2.

Skull occipital bone fracture (sic) of size 4 cm x 2 cm.

4. In the opinion of the Doctor, the deaths were due to shock and haemorrhage/comma resulting from the ante mortem injuries, which were caused by heavy blunt object in the case of Manto Mura and Mangri Mura and by heavy sharp cutting weapon in the case of Kanchan Mura and Sagi Mura.

5. The Gaonburah and other villagers came to the place of occurrence and they have deposed about the four dead bodies lying inside the house of the accused. In view of the oral and medical evidence on record and considering the age of the deceased an