The main legal point established in the judgment is the analysis of extra-judicial confessions, the plea of unsound mind, and the applicability of S. 84, I.P.C. The court concluded that the appellant was of sound mind at the time of the murder and upheld the conviction under S. 302, I.P.C., but reduced the sentence to imprisonment for life.

1. Dasaundhi, who has been convicted by the learned Sessions Judge, Mahasu, Sirmur, Bilaspur and Kinnaur Sessions Division, under S. 302, I.P.C., for the murder of Shtimati Dhanni, and has been sentenced to death, has filed Criminal Appeal No. 5 of 1965, against his conviction and sentence. The learned Sessions Judge has also submitted the proceedings, to this Court, for the confirmation of the death sentence. The reference, made by the learned Sessions Judge, has been registered as Reference No. 1 of 1965. This judgement will dispose of both the appeal and the reference.

2. The prosecution case against Dasaundhi appellant was as follows :

3. Shrimati Dhanni, deceased, was the wife of the appellant. He suspected that Shrimati Dhanni was carrying on with his younger brother, Hari Ram, and intended to do away with him, by poisoning. The appellant was so much obsessed with the suspicion that Shrimati Dhanni had poisoned him that be had consulted Shankru PW-9, who was known for extracting poison, from the body of the person, affected, by black art. Shankru had made the appellant to gargle with enchanted milk. The appellant had vomited 7 black pills. Previously, the appellant and Shrimati Dhanni had visited Chet Rain PW-13, who used to treat people of the bad effects of evil spirits.

4. On the 28th March 1964, the appellant had gone to Paonta to attend a case, pending in the Court of the Tehsildar, against Narainoo. Nanak Chand PW-6, a son of the appellant, and Hari Ram, younger brother of the appellant, were also there. The case was compromised. The appellant, Nanak Chand and Hari Ram had left the Court at about noon. Nanak Chand and Hari Ram had taken tea in Paonta Bazar. They had invited the appellant, as well, to take tea, but he had refused and had left for his village. The appellant had reached his home at about 1.00 P.M. His minor sons, Sajjan PW-7 and Maluka, were at home. The appellants wife, Shrimati Dhanni, was not at home. She had gone to the house of Mehar Singh Lambardar to get her grandson vaccinated. Shrimati Kashmari PW-3, appellants daughter, who had gone to Akalgarh village, to attend a tailoring class had come back at about 1-30 P.M. Shrimati Dhanni had also come home, by that time. The appellant had asked Sluimati Dhanni to accompany him to the jungle. He had told her that he would cut some poles from the jungle and she could help him in lifting the poles and could also collect some fuel wood. The appellant and Shrimati Dhanni had, then, left for the jungle. The appellant had taken the Takwa Ex. P-4, with him. He had murdered Shrimati Dhanni, by inflicting injuries, with the Takwa Ex. P-4, in the jungle. He had come back to his house. The appellant had patted Sajjan PW-7 and Maluka, his minor sons, on the head and had told them that he had killed their mother, whose body was lying near Bantiwala Khala. At this, Shrimati Kashmari PW-3 had asked her brothers to go to the jungle, in order to find out, whether what the appellant was saying was correct. Accordingly, Sajjan and Maluka had gone to the jungle. They had found that their mother was lying dead near the, Bantiwala Khala. There were injuries on her head. Blood was coming out of the injuries. Sajjan and Maluka had returned to their house and had informed Shrimati Kashmari that their mother had been killed. All the children had started weeping and had gone to the Bantiwala Khala.

5. From his house, the appellant had gone towards the house of Dhanni Ram PW-2, Shrimati Dhannis brother. Dhani Rani, Gulzar Singh PW-5, Bhagat Ram PW-8 and Khem Chand PW-11 were thatching the roof of Khem Chands house. Dhani Ram had inquired of the appellant why his children were weeping. The appellant had replied that he had killed his own wife in Bantiwala Khala and that Dhani Ram could go and see for himself. Thereupon Dhani Ram, Gulzar Singh, Bhagat Ram and Khem Chand had gone to the Bantiwala Khala. Shrimati Dhanni was lying there dead with injuries on her head. Other vill