The plea of insanity must be supported by evidence, and the court will consider witness testimony and medical reports to determine the mental state of the accused at the time of the incident.

1. The sole appellant Lakhi Boro has been convicted under Section 302 of the Indian Penal Code and sentenced to imprisonment for life and fine of Rs.1,000/- with default stipulation.

2. The victims of the incident were Kanduri Boro and Bhogi Boro - both aged 65 years. Kanduri was appellant’s mother whereas Bhogi was his cousin.

3. According to the prosecution case, Kanduri lived with her two sons-appellant and Siraj Boro (PW-2). The appellant had divorced his first wife and re-married to another woman. The appellant’s second wife too therefore lived in the house of Kanduri. Likewise, wife Tapeswari Boro (PW-3) of Siraj also lived with Kanduri. On 29.9.2012, around 6.30 p.m., the appellant returned home and started quarrelling with his second wife. To this behaviour of his, Kanduri objected. The appellant got infuriated even more and reacted in a most inhuman manner. He hacked Kanduri to death with a dao. The appellant then saw Bhogi who had innocently come to ask for lime for chewing tobacco. He, for no rhyme or reason, hacked Bhogi also to death with the same dao. At that time, Siraj and Tapeswari were in the house and they saw the appellant committing the murder of his old helpless mother. Smti. Biren Boro (PW-4) is daughter of Bhogi. She also saw the appellant hacking Bhogi. Siraj then tried to intervene and resist, but the appellant ran after him with a dao. Somehow Siraj managed to escape and narrated the incident to the villagers. Thereafter, on the next morning, Siraj made ejahar exhibit 2 against the appellant at Police Station Khairabari, District Udalguri. Later, the appellant was found hiding inside a Lavatory of Primary School with a dao in his hand. The villagers immediately surrounded him and handed over his custody to police when it came. The police then seized dao from his possession vide exhibit 3. Dr. Ganesh Das (PW-10) conducted the post mortem examination on the bodies of Kanduri and Bhogi. He found multiple cut injuries on both the bodies. He in his post mortem examination reports exhibits 4 and 5 opined that Kanduri and Bhogi died due to cut injuries which were caused by sharp edged weapon.

4. After investigation, the police charge sheeted the appellant for an offence under Section 302 of the Indian Penal Code. During trial, while being examined as an accused, the appellant admitted his guilt of cutting Kanduri and Bhogi to death. He also stated that he did so because at that point of time he was suffering from mental illness. The trial court in the absence of any evidence that he suffered from mental illness disbelieved his plea of insanity. The trial court also relying upon the evidence of eye witnesses-Siraj Boro (PW-2), Tapeswari Bodo (PW-3) and Smti. Biren Boro (PW-4) convicted and sentenced him as aforesaid.

5. After hearing the learned counsel for the appellant and the Additional Public Prosecutor, we are of the view that the appeal has no merit and deserves to be dismissed. As mentioned above, Siraj and his wife Tapeswari lived in the house of Kanduri, where she was hacked to death. Siraj being son of Kanduri and brother of appellant was naturally present there. He and Tapeswari have testified in one voice that appellant is short-tempered and often quarrelled in the house. They have also testified that appellant after starting an altercation with his second wife hacked Kanduri to death mercilessly with a dao. According to them, he then hacked Bhogi, who had come to ask for some lime. The appellant then ran after Siraj also with a dao, but somehow he managed to escape. Both these witnesses have categorically denied that appellant suffered from any insanity or had ever lost mental equilibrium. Nothing has been brought out in the brief cross examination of both Siraj and Tapeswari to discredit their evidence. Their evidence also stands fully corroborated by the post mortem examination reports exhibits 4 and 5 prepared by Dr. Ganesh Das. Even Investigating Officer - Girish Das (PW-10)