The main legal point established is that the accused's paranoid schizophrenia rendered him incapable of understanding the nature of his acts, falling within the general exception contained in Section 84 of the Indian Penal Code.

S. Nagamuthu, J.

1. Mr.R.Maruthu @ Maruthupandian, who is the sole accused in S.C.No.13 of 2011, on the file of the learned Additional District and Sessions Judge, [Mahila Court], Pudukottai, stood charged for offences under Sections 294(b), 323, 302 [five counts] and 506(ii) of the Indian Penal Code. The Trial Court, by Judgment dated 23.01.2012, has convicted the accused under Sections 323 and 302 [five counts] of the Indian Penal Code and acquitted the accused under Sections 294(b) and 506(ii) of the Indian Penal Code. For the offence under Section 323 of the Indian Penal Code, the Trial Court has sentenced him to undergo simple imprisonment for one year and for the offence under Section 302 [five counts] of the Indian Penal Code, the Trial Court has imposed death penalty.

2. After having imposed the said punishment, the Trial Court has submitted the proceedings to this Court for confirmation, as provided in Section 366 of the Code of Criminal Procedure. The said reference is now before this Bench in R.T.(MD).No.1 of 2012. In the meanwhile, the accused has filed Crl.A.(MD).No.136 of 2012 challenging the conviction and sentence imposed on him. The said Criminal Appeal has also been tagged with R.T.(MD).No.1 of 2012, and thus, they are before this Bench for disposal.

3. The case of the prosecution, in brief, is as follows:-

The accused hails from Melachivapuri Village in Ponnamaravathy Taluk, Pudukkottai District. Five years prior to the occurrence, he was married to one Vijaya Bhama. After the said marriage, on account of the job, he settled down with his wife in Thirupur. In the meanwhile, out of the said wedlock, a male child was born to them. Thereafter, there arose misunderstanding between the accused and his wife and as a result, she deserted him and went to her parental home near Pattukottai. The accused was, thus, residing alone at Thirupur for some more time. His parents also did not take care of him. He begun to use Ganja and to take liquors. Then, he returned to his native place – Melachivapuri. Even to meet out his every day expenditure and food, he had no money. He used to seek monetary help from the villagers for food. Virtually, he was begging, and therefore, the villagers did not respect him. Obviously, he was suffering from mental illness.

3.1. While so, on 08.06.2009, he requested Mr.S.Manikandan, PW-7 to part with money. PW-7 did not give money. Therefore, he developed quarrel with PW-7. Since the act of the accused became unbearable to the villagers, in order to get rid off from his menace, the villagers, forcibly boarded him in a bus bound for Thirupur and gave money for the ticket to the conductor with a request to the conductor to leave him in Thirupur. After some distance, he got down from the bus and returned to the Village.

3.2. On 19.06.2009, at 08.30 AM, at Melachivapuri Pillaiyar Kovil Street, in front of the house of one Meena @ Meenakshi - PW-1, the accused chased PW-1 and the deceased – Sukumari, [hereinafter referred to as "D-1"] and PW-9 – Sigappai. At that time, the accused shouted at PW-1 in filthy language as to why she was giving protection to PW-7. Then, he kicked PW-1 and PW-9 and also attacked them with a wooden log. In the same transaction, it is alleged that the accused attacked D-1 with the wooden log on her head. D-1 sustained injuries on her head, fell down and died instantaneously. PW-1 and one Meenakshi attempted to catch hold of the accused. But, the accused rushed towards the house of one Saroja, [hereinafter referred to as "D-2"] and attacked her on her head with the same wooden log. D-2 sustained injuries on her head, fell down and died instantaneously.

3.3. Then, the accused ran towards Kannadikkara Street, where, on seeing one Mr.Gopal, [hereinafter referred to as "D-3], the accused attacked him with the same wooden log on his head. D-3 sustained injuries on his head, fell down and died instantaneously.

3.4. Then, he proceeded further and on seeing one Mr.Azh