JUDGMENT :

Syed Waiz Mian, J.

1. This Jail Appeal has been filed by appellant Ram Singh, through Superintendent, District Jail, Lalitpur, under section 383 Cr.P.C. against judgment of conviction and sentence dated 28.3.2011 passed by Additional Sessions Judge (Ex Cadre), Lalitpur in Session Trial No. 44 of 2007, State vs. Ram Singh, arising out of Case Crime No. 1089 of 2007, under Section 302 I.P.C., whereby appellant was convicted for offence punishable under section 302 I.P.C. to life imprisonment with fine of Rs.25,000/- and in default of payment of fine undergo three years' additional imprisonment.

2. Brief facts of the case in nutshell are as under:

3. Informant-None Raja, has stated in the written First Information Report that his brother Ram Singh was suffering from mental illness/ disorder, since last ten years. On 22.03.2007, at around 1 p.m. his wife Smt. Guddi Raja, Badi Raja w/o appellant Ram Singh, his daughter and son, aged about 5 and 1 years, respectively, were present in the house. All of a sudden appellant-Ram Singh, lost his mental balance and assaulted all the aforesaid persons with axe causing injuries and all the injured succumbed to the injuries.

4. Bodies were l