K. Hema, J.

What is the scope of S.6 of Indian Penal Code ('I.P.C.,' for short), with reference to definition of an offence or penal provision in I.P.C.? Does S.84 I.P.C. lay down merely a defence for accused in a trial or does it have any relevance during investigation? What constitute offence of murder and attempt to commit murder, under Sections 302 or 307 I.P.C., in the light of S.6 of I.P.C.? Does S.105 of Evidence Act have any relevance during investigation stage? These are some of important questions which are to be considered in this appeal.

2. The appellant was tried for offences under Sections 307 and 302 I.P.C. by the Additional Sessions Court. He is alleged to have attempted to commit murder of his own wife (PW2) and his only child who was aged just four months at the time of death. After trial he was convicted and sentenced under both the above provisions. This appeal is filed challenging the said conviction and sentence.

3. According to prosecution, on 30.3.2005 accused went for an afternoon nap to the bed room situated in his wife's house, along with his wife, PW2. At about 3 p.m., while PW2 was breast feeding the baby, accused went out of the room and came