A defendant can assert a mental illness defense under Section 84 of the IPC, and the prosecution must provide sufficient evidence beyond reasonable doubt to counteract this claim.

JUDGMENT :

Prakash Singh, J.

1. Heard Sri Desh Ratan Mishra, learned Amicus Curiae appearing for the appellant, Rajesh @ Sajesh Tiwari, Sri Vijay Prakash Dwivedi, learned A.G.A.-I for the State and perused the entire record available before us.

2. Under challenge in this criminal appeal is the impugned Judgment and Order dated 24-12-2005 passed by the learned Additional Sessions Judge/Fast Track Court No. 1, Bahraich in Sessions Trial No. 229 of 2002, tilted as ‘State Vs Rajesh @ Sajesh Twari’, arising out of Case Crime No. 216 of 2002, under section 302 of the I.P.C., Police Station-Fakharpur, District-Bahraich, whereby the appellant, Rajesh @ Sajesh Tewari, has been convicted and sentenced to undergo life imprisonment with a fine of Rs. 20,000/- and in default of payment of fine, he has further been directed to undergo further period of simple imprisonment for two years.

3. The brief prosecution story is, that the father of the appellant, Prahlad Kumar Tewari, the informant, alleged that his son, Rajesh @ Sajesh Tewari, aged about 36 years, was suffering with mental sickness since last one year and his treatment was got done. He further alleged that the appellant, after separation from the joint family, was residing with his own family and on 31-08-2002/01-09-2002, in the night at about 02.00 O’clock, he murdered his wife and his son, Durgesh.

4. On the basis of the aforesaid written report, Exhibit Ka-1 submitted by the first informant, Prahlad Kumar Tewari, the first information report, Exhibit Ka-2/6 came to be lodged against the appellant on 01-09-2002 for the offence under section 304 of the I.P.C.

5. The inquest proceedings started on 01-09-2002 at about 12.35 P.M. and it was concluded at 01.15 P.M., on the same day. The inquest report as Exhibit-Ka-2, is duly proved by P.W.-2, Sant Ram and P.W.-4, Maharaj Kumar.

6. According to the post-mortem report of the deceased, Exhibit Ka-5, which has been proved by P.W.- 7, Dr. R.S.Madhoriya, there were four incised wounds on the body of the deceased, Durgesh. The injury no. 1 is the incised wound 9 cm. x 3 cm. bone deep in the left side of neck and 3 cm. below the left ear. The second injury is also an incised wound, muscle deep below 2 cm. of the left ear and the third injury is also the incised wound 12 cm. x 7 cm. bone deep on the back side and the fourth injury is incised wound 9 cm. x 6 cm. bone deep below 7 cm. to chin. The rigor mortis was not present in the upper side of the body, whereas, the same was present in both the legs. The stomach was empty and both the chambers of heart were empty. The opinion of the doctor is that the said injuries were inflicted by a sharp-edged weapon and all the injuries were one and half days old. The reason of death was due to excessive bleeding of the injuries.

7. Further according to the post-mortem report of the deceased, Smt. Kamlesh, there were two incised wounds and one abrasio