The judgment establishes the principle that an accused suffering from unsoundness of mind at the time of the alleged offence, as diagnosed by medical experts, is entitled to the benefit of Section 84 of the Indian Penal Code, which exempts them from criminal liability.

AMARESHWAR SAHAY, J.

( 1 ) THE Death Reference as well as Criminal Appeal arises out of the judgment dated 24-6-2005 passed by the 3rd Additional Sessions Judge, palamau at Daltonganj in Sessions Trial No. 60 of 2003 whereby the learned trial Court convicted the appellant Lakhan Rai for the offence under Sections 302 and 307 IPC and awarded him the death sentence for the said offence.

( 2 ) THE charge against the appellant was for committing the murder of his old father, mother, his wife, his three sons, his only daughter, his three nieces (brothers daughters) and also for causing serious injury on the person of his 4th niece (brothers daughter) who died after 21 days of the incident. 2a. The case was initiated on the basis of the fardbeyan of Bigan Rai the cousin of the appellant (Phuphera brother) wherein he stated that the accused/appellant Lakhan rai, who used to behave like insane person since last 2-3 years and he had undergone mental treatment twice at Ranch. On 24-4-2002 at about 5. 30 a. m. the wife of the younger brother of the appellant namely madhuri Devi came to him weeping and told that the appellant has committed the murder of his wife, four children, father, mother and her three daughters and he has also seriously injured her youngest daughter inside the house. Upon this the informant and other villagers went to the house of the appellant, where the informant and the villagers saw the appellant standing in the courtyard having blood stained Farsa (Baluwa) in his hand and at that time he was wearing a Lungi having blood stains. On being asked he confessed before the witnesses that he has committed the murder of his children, mother, father and nieces. The informant and other villagers asked the appellant to throw away the Farsa but the appellant tried to flee away from the house but he was captured by the witnesses along with farsa. The villagers entered into the house of the appellant and they saw the dead body of parwati Devi, the wife of the appellant lying on a cot inside the room of the appellant. In the courtyard there were cots and the witnesses saw the dead bodies of Makrand aged about 10 years, on one cot and on the other cot they saw the dead bodies of Udai aged about 8 years, Dulari aged about 5 years, chandan aged about 4 years all sons and daughter of the appellant Lakhan Rai and dead bodies of Rekha, aged about 8 years, kanti aged about 5 years, Kajal aged about 3 years all daughters of Jairam Rai, brother of the appellant who all were murdered by cutting the neck through Baluwa (Farsa) while they were asleep. The informant further saw the dead body of Sonpati Devi aged about 55 years, mother of the appellant lying on ground in the courtyard. The informant further saw the dead body of Sanmukh rai aged about 60 years, father of the appellant lying at the eastern door of the house of the appellant. The neck of all the above named persons had been cut by sharp cutting weapon and through which profuse blood was oozing and falling on the ground as well as on the bed and on the cot. One baby Puja aged about 1 years, daughter of Jairam Rai was lying in seriously injured condition on the cot. The appellant Lakhan rai had made murderous attack on her with farsa. Seeing the serious condition of the injured Puja, she sent along with her mother madhuri to Daltonganj for treatment. The informant further disclosed that the appellant had been exhibiting action like a mad man since last 2-3 years and he was living in loneliness and occasionally he used to go away from the house and to give no response on the call of any person. The appellant had been under treatment but in the last month his voice started trembling and hence he stopped taking medicines.

( 3 ) FROM the record of the lower Court, it appears that the appellant had pleaded guilty at the time of charge but the learned trial Court in the interest of justice put him on full trial. In course of trial altogether 14 witnesses were examined out of