The court reaffirmed that the defence must prove insanity under Section 84 IPC, with established evidence supporting the accused's guilt of murder and assault.

1The accused in Sessions Case No. 19 of 1985 on the file of the Court of Sessions, Manjeri is the appellant in this Criminal Appeal.

2 The accused was charged for offences punishable under S.302 and 307 IPC and convicted under S.302 and 324 IPC and sentenced to undergo imprisonment for life under S.302 IPC and to undergo rigorous imprisonment for one year under S.324 IPC. The sentences were ordered to run concurrently

3 The prosecution case may be summarised as follows:
The accused was living in a hut with his wife, Annie, and their six month's old baby by name Abymon. The paternal grandfather of the accused was also living with them. A few days before the occurrence the accused had some urinal complaint and he underwent treatment for that in the Nilambur hospital. After discharge, the accused stopped going for daily labour and there were frequent quarrels between the accused and his wife PW. 2 regarding this. On 16-6-1984 at about 9 A.M. the accused and his wife PW. 2 quarrelled on the same subject and the accused who got enraged took out a sickle and inflicted a cut on the chest of the infant who was lying on the floor at that time. When Annie protested, the accused inflicted cuts on her also with the sickle as a result of which she also sustained injuries. Hearing the hue and cry, PW. 1 and other neighbours came to the scene of occurrence. They took PW. 2 to hospital. She was admitted there. PW. 1 went to the Nilambur Police Station and gave Ext. P1 First Information Statement, which was recorded by PW. 10 the Sub Inspector of Police. PW. 10 conducted investigation and. held inquest on the dead body of the child between 3.30 p.m. and 5. p.m. on the same day. Ext. P2 is the inquest report prepared by him. He also recovered MO. 1 sickle and MO. 2 clothes worn by the child. Thereafter he sent the dead body of the child for postmortem. PW. 7 conducted autopsy and Ext. P3 is the postmortem certificate issued by him. PW. 7 also treated PW. 2. Ext, P4 is the wound certificate issued by him in respect of injuries found on the body of PW. 2. The accused was arrested on the same day at 5.30 p.m. The material objects were sent for chemical examination and Ext. P5 is the report of Chemical Examiner. Ext. P5 report indicated the presence of human blood on the material objects. PW. 9, the Village Assistant prepared site plan Ext. P6. PW. 11 the Circle Inspector of Police verified the investigation conducted by PW. 10 and laid charge before the Judicial Magistrate of Second Class, Nilambur, who committed the accused to stand trial before the court of Sessions, Mangeri.

4 On accused pleading not guilty to the charge, Prosecution examined PW.s 1 to 11 and marked Exts. 1 to 6 and MOs. 1 to 3. In his statement under S.313 of the Code of Criminal Procedure, the accused generally denied the incriminating circumstances appearing against him in the prosecution evidence and stated that he was suffering from insanity and did not know what happened. On his behalf DW. 1 the Superintendent, Mental Hospital, Calicut was examined and D1 to D3 were marked.

5 There cannot be any dispute that the child Abymon died as a result of the injuries sustained by him which were described in Ext. P3 postmortem certificate. The postmortem finding as revealed in Ext. P3 is that the child sustained an incised wound 5 cm in length and 2 cm. in width lying across over the centre part of chest lying in between two nipples more towards left side, the right side of the wound was blunt and the wound has cut the steranum, the 5th rib of the left side and entered into thoracic cavity injuring pericardian and cutting the heart. PW. 7 who issued postmortem certificate opined that the child died as a result of injury to heart and cardiac arrest. Ext. P4 is the wound certificate issued by PW. 7 in regard to the injuries found on the body of PW. 2. It shows that she sustained three injuries; an incised wound 10 cm in length 1/2 cm width and 2 cm depth extending from inter digital area o