A. K. PADHI, J.

( 1 ) APPELLANT faced his trial under Sections 302, 323 and 332, Indian Penal Code (hereinafter referred as 'the Code') for committing murder of his wife and two minor children, for assaulting the Assistant Sub-Inspector of Police while on duty and one Raghu Pradhan (P. W. 1 ). Additional Sessions Judge has convicted him under Sections 302, 332 and 323 of the Code and has sentenced him to undergo imprisonment for life under Section 302 of the Code and Rigorous Imprisonment for three month and one month under Sections 332 and 323 of the Code, respectively, directing all the sentences to run concurrently, the present appeal has been filed challenging the same.

( 2 ) PROSECUTION case in brief, is that the accused was working as a labourer and was residing with his wife-Sambari (deceased), son-Dambaru (deceased), daughter-Mini (deceased) and another small daughter at village Subalpur under Pipili Police Station in the district of Puri. P. W. 1 (Raghunath Padhan) is a distant relation of the accused and his house is situated close by. In the midnight 16/17-7-1986, hearing groaning sound from the house of the accused, P. W. 1 went there. When he reached near the house of the accused, he heard Mini (deceased minor daughter of the accused) shouting from inside that her father was assaulting her, P. W. 1 asked her to come out by opening the door. When Mini was trying to open the door, P. W. 1 heard a sound of assault and then a groaning sound from inside. When Raghu questioned him as to why he was assaulting his daughter, the accused rushed and assaulted him by means of a crow bar as a result of which he fell down senseless. Subsequently, being informed regarding the incident by P. W. 2 (father of P. W. 1), A. S. I. Bharat Pradhan of Satasankha out post rushed to the spot along with some constables and found the accused moving restlessly in a violent mood inside the house with a crow bar in his hand. When attempt was made by the A. S. I. to apprehend the accused, he ran towards him and also attempted to assault him by the crow bar. The A. S. I. over powered him and tied him by a rope and took him to custody. The A. S. I. suffered minor injuries during the tussle. Entering inside, he found that wife of the accused, his minor son named Dambaru and his minor daughter named Mini were lying dead inside the house. Raghu Pradhan (P. W. 1) was lying injured outside.

( 3 ) PLEA of the accused was that of a total denial.

( 4 ) ACTUAL commission of the murder of the three deceased persons has not been witnessed by any one. There is, however, circumstantial evidence which clearly indicates that the accused, the three deceased persons and another small minor daughter were the sole occupants of the house at the time when groaning sound of the deceased daughter and sound of assaults had been heard from inside the house of the accused by P. W. 1. Further, P. W. 2 heard P. W. 1 shouting from the house of the accused that he was being assaulted by the accused. When the A. S. I. came to the spot with some constables, he found the accused in violent mood inside the house where the dead bodies were lying. Relying on above evidence and considering the facts and circumstances, learned trial Judge has held that accused was the author of the crime and the death of deceased persons were homicidal. Learned Additional Sessions Judge further found that P. W. 1 and the A. S. I. were assaulted during the occurrence. It is not disputed at the bar that the death of the deceased persons were homicidal and P. W. s. 1 and 16 received injuries during the occurrence. After considering all the evidence on record, we find that findings of the learned trial Judge are well founded and cannot be assailed.

( 5 ) AT the trial, a plea of insanity was raised and it was contended that from the evidence on record it was clear that the appellant was mentally deranged for some time in the past, was insane at the time of occurrence and continued to be deranged after