A criminal defendant may be acquitted if proven to be of unsound mind during the commission of an offense, highlighting the necessity for thorough psychiatric evaluation in criminal cases.

JUDGMENT :

MRIDUL KUMAR KALITA, J.

1. Heard Mr. L. Perme, the learned counsel for the appellant. Also heard Ms. L. Hage, the learned Additional Public Prosecutor, as well as Mr. J. Gao, the learned counsel for the respondent No. 7.

2. This appeal under Section 374 (1) of the Code of Criminal Procedure, 1973, has been filed by the appellant, Obit Biku, on behalf of the convict, Tayum Biku, who has been convicted by the Court of the learned Sessions Judge, East Siang: Siang: Upper Siang and Lower Siang Districts at Pasighat, in Pasighat Sessions Case No. 286/2013.

3. By the impugned judgment, Shri Tayum Biku, has been convicted under Section 302 /326/447 of the INDIAN PENAL CODE , 1860. Under Section 302 of the INDIAN PENAL CODE , he has been sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs. 5000/- (Rupees Five Thousand) and in default of payment of fine to undergo further imprisonment for 1(one) year. Under Section 326 of the INDIAN PENAL CODE , he has been sentenced to undergo rigorous imprisonment for 6(six) years and to pay a fine of Rs. 3000/- (Rupees Three Thousand) and in default of payment of fine to undergo further simple imprisonment for three months and under Section 447 , he has been sentenced to undergo 3(three) months of simple imprisonment. All the sentences are directed to run concurrently.

4. At the outset, we want to make an observation that though this appeal has been filed by Obit Biku, on behalf of convict Tayum Biku, there is no provision in the Code of Criminal Procedure, 1973, where, a relative can file an appeal on behalf of a convict. Under the scheme of the Code of Criminal Procedure, 1973, only a convict can file an appeal against conviction. However, where a convict is detained in jail, then under the provision of Section 383 of the Code of Criminal Procedure, 1973, he can file his appeal by presenting his petition of appeal to the Officer-In-Charge of the jail, who shall forward the said petition to the Appellate Court. As the practice of filing of appeal through relatives has not been recognized in the Code of Criminal Procedure, 1973, and as this came to the notice of the Court only at the time of dictating the judgment, we intend to treat the instant appeal as being filed by the convict himself, i.e., Mr. Tayum Biku, and for all purposes, he shall be treated as the appellant in this appeal.

5. The facts relevant for consideration of the instant appeal, in brief, are that in the morning of 08.09.2006, at about 6.30 AM, a telephonic information was received at the Yingkiong Police Station from one D. Tali, E.A.C., Yingkiong, wherein it was informed that one unidentified person was cutting anybody whoever came in his way and many persons had been injured due to such act of the said person (appellant).

6. On receipt of the said information, the police rushed to the spot and found as many as seven persons were badly injured due to the assault by the appellant. It was also found that out of the injured persons, one Laxmi Sonar succumbed to her injuries on the spot.

7. Later on, a written FIR was lodged by one K. Dugong, Inspector of Police before the Officer-In-Charge of Yingkiong, Police Station and accordingly, Yingkiong, Police Station Case No 57/2006 was registered under Section 302 /307/326 of the INDIAN PENAL CODE , 1860, and the investigation was initiated.

8. During investigation, the Investigating Officer visited the place of occurrence, prepared rough sketch map of the place of occur