N. Chaudhury, J.

This appeal is directed against judgment and order dated 29.05.2015passed by the learned Sessions Judge, Golaghat in Sessions Case No. 194/2013under section 302 of the IPC thereby convicting appellant under the same section of law and sentencing him to suffer rigorous imprisonment for life and also to pay a fine of Rs. 1,000/-, in default, to suffer simple imprisonment for another one month.

2. The prosecution story is that one Dhaniram Mudi, as informant, filed anejahar with Borpathar Police Station on 28.05.2013 informing that his aunt Chutumai Mudi accompanied by her grandson Krishna Mudi aged about 12 years came to his house to pay a social visit. Around 2 P.M. after having meal while Krishna Mudi was playing along with his nephew and niece within his campus, his younger brother, namely, Bipul Modi alias Mudi came and hacked on the backside of the head of Krishna Mudi with kopi dao. Krishna Mudi died instantly. Hearing hue and cry when family members of Dhaniram came out, the accused tried to flee away by throwing the dao but the people apprehended him. On receipt of this ejahar, Borpathar Police Station Case No. 96/2013 under section302 of the IPC was registered and investigation was started.

3. Police visited the place of occurrence, prepared sketch map, recorded statements of witnesses, held inquest over the dead body and got post mortem examination done. After receipt of the post mortem, charge sheet No. 140/2013was filed on 06.11.2013 in the Court of Sub-Divisional Judicial Magistrate (M), Dhansiri, Sarupathar who by his order dated 07.11.2013 committed the case to Sessions. Sessions Case No. 194/2013 was thereupon registered. The learned Sessions Judge framed charge against the appellant under section 302 of the IP Con 16.11.2013. The charge was read over and explained to the accused person when he pleaded not guilty and claimed to be tried.

4. In course of hearing, prosecution examined as many as 9 witnesses including the Medical Officer and the Investigating Officer. As many as 7documents were proved as exhibits which include medical report and the mental condition of the accused person. A court witness, Dr. Diganta Kr. Das, was examined under section 313 of the Code of Criminal Procedure. Having considered all these materials, the learned Sessions Judge held the accused guilty of committing murder of Krishna Mudi and consequently he was convicted under section 302 of the IPC. The learned Sessions Judge was of the view that plea of insanity taken by the accused person was not established and so the accused was not entitled to benefit under section 84 of the IPC. Accordingly, the accused was sentenced to suffer rigorous imprisonment for life and also to pay a fine of Rs. 1,000/-, in default, to suffer simple imprisonment for one month more.

5. We have heard Mr. R Dev, learned Amicus Curiae for the appellant, Ms. S Jahan, learned Additional Public Prosecutor, Assam and Mr. K Lahkar, learned counsel for the respondent No. 2, informant. We have also perused the evidence on record and the entire lower court records, particularly, to examine the materials available in regard to plea of insanity of the accused person.

6. PW 1, Dhaniram Mudi, is the elder brother of the accused. He narrated the same story as stated in the ejahar. According to him, he was not at home at the time of incident. He was informed by his wife over telephone that the accused had dealt a blow on Krishna Mudi. He hurried to home and found that accused had already fled. The accused was chased and found ½ away from his house and he brought him and handed over to his father and then to police. In course of cross examination, he disclosed that accused is mentally ill and he was treated by a doctor about 10 (ten) months ago.

7. PW 2, Bishnu Mahanta, is a neighbour. He came to know that in cident had taken place at about 1 P