SHAMA TUDU Vs. STATE

JUDGEMENT

(1.) The appellant stands convicted under S.302 of the Penal Code (for short, 'the Code') and sentenced to undergo imprisonment for life for commission ' of the murders of his wife Maina and his son Juja under painful circumstances during the night of Aug. 30/31, 1980, without any motive and for no rhyme or reason, by means of Barsi (M.O.I.) and a Katari (M. O. II) while he had temporarily gone to the house of his father-in-law with his wife and child for taking new maize. The actual commission of murders had not been witnessed by anyone. There was, however, the evidence clearly indicating that the appellant and the two deceased persons were the sole occupants of a room in the house of the appellant's parents-in-law during the fateful night and during the night, the groaning sound of the deceased lady and the sounds of assault had been heard from inside the house and the appellant was later seen sitting outside the house wearing a Lungi (M.O.III) besmeared with blood and with M.Os. I and II stained with blood lying near him. These articles, on chemical and serological tests, contained human blood. On a consideration of the evidence, the learned trial Judge has found that the appellant was the killer of the two deceased persons. This finding is well-founded and cannot be assailed.

(2.) At the trial, a plea of insanity was raised and it was contended that the acts of the appellant would come within the purview of S.84 of the Code, but this plea was negatived by the learned trial Judge for the reasons recorded in the judgment. The learned counsel appearing for the appellant has invited out attention to the relevant evidence and has contended that there could be no doubt from the evidence that the appellant was insane at the time of the commission of the acts and therefore, his acts would be excepted under S.84 of the Code. It has been contended on behalf of the State that the evidence would not warrant a conclusion that at the crucial point of time of murders, the appellant was incapable of knowing the nature of the act owing to insanity.

(3.) Some well-settled principles of law relating to the scope and applicability of S.84 of the Code may be kept in mind. Section 84 of the Code provides :