JUDGMENT :

M.R.Anitha, J.

1. This Crl.Appeal arise out of the conviction and sentence passed against the appellant/accused in S.C.1129/2010 on the file of Sessions Court, Kollam dated 28.11.2013.

2. Prosecution case is that on 5.2.2008 at about 5.00 pm, accused intentionally caused the death of her mother and two daughters aged 8 and 6 years, by slashing on their neck with MO3-knife. Further she attempted to commit suicide by inflicting a deep cut injury on her neck. Due to timely medical intervention she survived.

3. PW1, an immediate neighbour along with his wife-PW4, rushed to the spot along with other neighbours. Accused and two daughters were taken to hospital. Both the daughters were declared dead at the Hospital. Mother Devaki was found dead at the occurrence spot itself; which was the rented house in which the deceased and the accused were residing.

4. PW1 on the same day lodged FIS to PW22, the Sub Inspector, Kottiyam Police Station who registered Ext.P14 FIR originally U/S 174 CrPC. PW23, the Circle Inspector, Chathannoor, took charge of investigation and filed Ext.P17 report deleting S.174 Cr.P.C and adding Secs 302 and 309 IPC. He questioned the witnesses and completed the investigation and filed final report.

5. During trial PW1 to 23 were examined and Exts.P1 to P32 marked. M.O.1to 23 were identified and marked on the side of prosecution. After the closure of prosecution evidence, accused was questioned under Sec.313 (1)(b) Cr.P.C. She denied all the incriminating facts and circumstances put to her and stated in addition that she had been a mental patient at the time of incident; as also before and after. It is also stated by her that somebody had trespassed into her house and attacked them and that she could not have harmed anybody knowingly. From the defence side, DW1 to 3 were examined and Exts.D1 to D6 were marked. The learned Sessions Judge found the accused guilty under Sec.302 & 309 IPC and sentenced her to undergo imprisonment for life and to pay fine of Rs.10,000/-in default to undergo rigorous imprisonment for one year and sentenced to pay fine of Rs.1000/-under Sec.309 IPC in default to undergo imprisonment for three months.

6. Adv.P.K.Varghese was heard on behalf of the accused and Sri.S.U. Nazar, Senior Public Prosecutor on behalf of the respondent/State. The evidence led before the Lower Court was perused in its entirety.

7. Learned counsel for the accused in his arguments thrust upon the ground of infirmity in the investigation in not conducting any enquiry as to the mental state of the accused in spite of there being evidence to the factum of the accused having been subjected to treatment for mental problems. The prosecution witness, PW2, the brother of accused during questioning spoke of his sister having suffered from mental illness. PW23, the Investigating Officer also admitted during cross examination about the statement of PW2 regarding the mental illness of the accused. The Investigating Officer also further admitted that PW17, Senior Lecturer at Medical College, Thiruvananthapuram (ENT) who examined and treated the accused on 5.2.2008; immediately after the incident, advised psychiatric consultation for the accused which though provided, nothing was produced as to the result of the same or the diagnosis made from such consultation. He also admits his knowledge of the history of mental illness in the family of the accused. In spite of these overwhelming factors which came out during investigation, the Investigating Officer did not take any effort to subject the accused to medical examination immediately to determine the soundness of the mind of the accused. The various aspects highlighted from the evidence gives rise to a reasonable doubt about the mental condition of the accused at the time of occurrence, which would entitle her for benefit of the exception and consequent acquittal, learned counsel contends. Shibu v. State of Kerala (2013 KHC 393 : 2013 (4) KLT 323), Devidas Loka Rathode v.