JUDGMENT M.R. Verma, J.—This appeal is directed against the judgment dated 12.8.1997 passed by the learned Sessions Judge, Bilaspur whereby accused-appellant (hereinafter referred to as accused) has been convicted and sentenced under Section 302, IPC to rigorous imprisonment for life and to pay a fine of Rs. 5,000/- and in default of payment of fine to suffer further rigorous imprisonment for one year. 2. Case of the prosecution in brief is that Bohra Ram (since deceased) and Krishni Devi (PW-1) residents of village Kot in district Bilaspur were living together. All the sons of the deceased are married and are living separately. Four of their sons, namely, Ram Prakash, Piar Singh, Sarwan and Bhag Singh are residing in Nalagarh, Shyam Singh resides in Ropar and the youngest son Prakash Chand used to reside with his parents in village Kot. About l- 1/2 months before December 22, 1995, accused Bhag Singh had come to village Kot. The accused was of the view that his father Bohra Ram had not properly divided the property between his sons and, therefore, he was annoyed with his father and brother Prakash Chand. Moreover, accused Bhag Singh wanted to sell five biswas of land jointly owned by him and Prakash Chand in Kothipura but it was objected to by the deceased. On 21.12.1995 after taking dinner, the accused and his parents slept in one room and Prakash Chand slept in another room beyond kitchen. During night at about 2 p.m. Bohar Ram asked Krishani Devi to bring water. Therefore, she lighted the room and went to the kitchento bring water. When she returned to the room while carrying water, she saw that the accused was giving DARAT blows to her husband who was lying on the floor. On seeing this, Krishani Devi raised hue and cry and called Prakash Chand who came on the spot. The accused continued to give blows to Bohra Ram Krishani Devi and Prakash Chand enquired from Bhag Singh as to why he had acted in the aforesaid manner, whereupon the accused replied that he had done whatever he was to do. He threw away the DARAT and ran away from the spot. Krishani Devi and Prakash Chand got scared and did not catch hold of the accused. Prakash Chand then went to inform the villagers about the occurrence and Krishani Devi remained sitting near the body of Bohra Ram. He threw away the DARAT and ran away from the spot. Krishani Devi and Prakash Chand got scared and did not catch hold of the accused. Prakash Chand then went to inform the villagers about the occurrence and Krishani Devi remained sitting near the body of Bohra Ram. After sometime, Prakash Chand came back followed by Bittu Ram (PW-4) and Sukh Ram (PW-6). Thereafter, Nikka Ram, Pradhan of the Gram Panchayat (PW-3) and Prem Chand, Chowkidar also came on the spot. Thereafter accused also returned home. He was caught hold of by those who were present so that he may not again run away. After getting the detailed information about the occurrence from Prakash Chand, PW Nikka Ram deputed Siri Ram (PW-5) to Kalol to telephonically inform the police at Police Station, Talai about the occurrence. Information received by the police from Sin Ram telephonically was recorded at Police Station. Talai vide daily diary report (Ext. PW-14/A). Birbal Ram (PW-14), SI, SHO then proceeded to spot and recorded the statement of PW Nikka Ram under Section 154, Cr.P.C. (Ext. PW-3/A) on the basis of which F.I.R. (Ext. PW-11/A) came into being at Police Station, Talai. He prepared the site plan (Ext. PW-14/B) and inquest report (Ext. PW-2/A) and Ext. PW-2/B), Photographs of the spot (Exts. PW-12/A-1 to PW 12/A-11) were taken by Jagat Kumar (PW-12), negatives of which are Exts. PW-12/A-12 to PW-12/A-22. DARAT (Ext. P-l), the weapon of offence, rough sketch whereof is Ext. PW-14/C was also taken in possession by the Investigating Officer and was sealed vide memo Ext. PW-3/B, blood-stained soil was also taken into possession vide memo Ext. PW-3/C. One blood-stained bed-sheet (Ext. P-4) was also taken in possession by the Investigating Officer vide Ext. PW-3/A. Blood-stained shirt of the accused (Ext. P-5) was also taken in possession vide memo Ext. PW-3/E. The dead body of Bohra Ram was sent to the District Hospital, Bilaspur for post-mortem which was conducted by PW-7 Dr. N.K. Sankhyan and Dr. A.K. Soni. At the time of conducting the post-mortem, following injuries were found on the person of the deceased:— 1. P-5) was also taken in possession vide memo Ext. PW-3/E. The dead body of Bohra Ram was sent to the District Hospital, Bilaspur for post-mortem which was conducted by PW-7 Dr. N.K. Sankhyan and Dr. A.K. Soni. At the time of conducting the post-mortem, following injuries were found on the person of the deceased:— 1. Bevelling chop wound was present on the left side of face extending 5 cm away from the left angle of mouth to the left side of neck cutting skin, sub cutaneneus tissue and underlying muscles, lower left 2nd molar tooth, Mandible and 3rd vertibra and Jugular veins whereas carotidarteries were spared. Blood fluid small quantity was coming out from the wound. The margins of wound were clean out. The shape of wound was spindle shaped. Width and depth of wound was more in central portion. It was measuring 13 cm x 8 cm x 5 cm. Teeth present in oral cavity are as follows: 7654 5678 with total eight teeth were present. Position of wound shown in the diagram on post mortem report. 2. There was evidence of chop wound on right side of face, extending 2.5 cm lateral left angle of mouth, crossing oral x cavity to the right side of face upto 4 cm from the right ear loubule in the front cutting skin, subcutaneous tissue, muscles and mandible and the blood vessels in between as shown in the diagram mentioned in the post mortem report. The margins of the wound were clean cut well defined. It was spindle shaped having more width and depth in the centre measuring 15 cm x 7 cm x 5 cm. Clotted blood was present in and around the wound. 3. There was evidence of spindle shaped clean cut well defined edged wound on the left side of chest of its front over the medial l/3rd of clavical. It was 5 cm x 2 cm x 1 cm Front portion of clavical was choped. Clotted blood was present in and around the said wound. It was obliquely placed. 4. There was evidence of chop wound on the right side of neck as shown in the diagram in the post mortem report. It was having clean cut well defined edges. Clotted blood was present in and around the said wound. It was obliquely placed. 4. There was evidence of chop wound on the right side of neck as shown in the diagram in the post mortem report. It was having clean cut well defined edges. It was extending from the back of neck on right side and encircling it forwards the front, cutting skin, subcutaneous tissue and the under lying muscles and cutting 7th cervical vertebra on its front and lateral sides, it was cutting the vesseles coming in between. It was more deep and broad on the lateral and front side. Scanty blood fluid was coming out of it. Clotted blood was present in and around the wound. It was obliquely placed having base on front and tail on the back as shown in the diagram in the post mortem report. It was 12 cm x 6 cm x 8 cm. 5. There was evidence of chop wound on the scalp over temporal area left side. It was 8 cm x 3 cm bone deep. It was spindle shaped with clean cut well defined edges. Clotted blood was present in and around the said wound. 6. There was a chop wound on the occipital region sickle shaped with clean cut well defined margins. It was 7 cm x 3 cm x bone deep Clotted blood was present in and around the wound. Position of the wound as shown in the diagram in the post mortem report. 7. There was evidence of encised wound on chin measuring 3 cm x 1 cm. x 0.5 cm. Clotted blood was present. Position of wound shown in the diagram in the post mortem report. The margins were clean cut well defined and spindle shaped. 8. There was evidence of spindle shaped clean cut well defined edges wound on dorsum of right hand measuring 5 cm x 2 cm x 1 cm on its lateral aspect. 3. As per the opinion of the doctors conducting post mortem, Bohra Ram died due to shock (neurogeneric and hypovolumic) as a result of abovesaid homicidal ante mortem injuries and the probable time which elapsed between the injuries and death was within few minutes to few hours and the probable time which elapsed between death and post mortem was not less than 36 hours and not more than 72 hours. After post-mortem, the concerned doctors handed over a sealed vial bearing two seals, a sealed packet sealed with four seals containing the underwear of the deceased, another sealed packet containing letter to the "Chemical Analyist and the sample of seal to the police. The Investigation Officer also took in possession two Wills executed by the deceased Exts. PW-14/D and PW-14/ E on production by PW Krishani Devi vide memo Ext. PW-14/F. The blood sample of the deceased, the underwear found on his person at the time of post mortem, DRAT, the alleged weapon of offence, CHADDAR, bloodstained soil taken from the spot and the shirt of the accused were sent for chemcial analysis to the State Forensic Science Laboratory. The report received from the said Laboratory is Ext. PW-14/G, wherein it has been opined that the blood sample and the blood on the underwear of the deceased and the shirt of the accused was found to be the human blood of O group. Human blood stains were found on the DRAT, CHADDAR and the soil, but the group of the blood could not be ascertained. On completion of the investigation and on being satisfied that the accused had committed an offence punishable under Section 302, IPC, the Officer Incharge of the Police Station, Talai accordingly submitted the charge sheet and the accused was tried by the learned Sessions Judge, Bilaspur on a charge under Section 302, IPC and was finally convicted and sentenced as aforesaid, hence this appeal by the accused. 4. We have heard the learned Counsel for the accused and the learned Assistant Advocate General for the respondent and have also gone through the records. 5. The learned Counsel for the appellant has assailed the conviction on the ground that the prosecution has failed to prove the charge against the accused and in the alternative it was contended that it is established on the record that the accused at the relevant time was insane, therefore, even for this reason he could not be convicted and sentenced. 6. Be it stated that it is not disputed that Bohra is no more in the land of living. There is, however, dispute about the cause of his death. As per the contents of the post mortem report. Ext. PW-7/B and the statement of PW-7, Dr. 6. Be it stated that it is not disputed that Bohra is no more in the land of living. There is, however, dispute about the cause of his death. As per the contents of the post mortem report. Ext. PW-7/B and the statement of PW-7, Dr. N.K. Sankhyan, eight homcidal ante mortem injuries as already stated were found on the dead body of the deceased and he died due to shock (Neurogenic and hypovolimic) as a result of the said injuries. It was suggested to PW-7 in his cross-examination for the accused that post mortem report Ext. PW-7/B is not of Bohra deceased and the suggestion has been denied by the witness. It has been clarified by PW-7 that the post mortem of dead body was conducted when it was identified by Prakash Chand, son of the deceased. It is evident from the reports Marg Ext. PW-2/A and PW-2/B that the dead body of Bohra was identified by Prakash Chand son of the deceased on the spot and it is further evident in view of the contents of the post mortem report that the dead body of Bohra was identified by his son Prakash Chand and Nikka Ram at the time of conducting of the post mortem. Injuries on the person of the deceased were noticed by PW-1 Krishani Devi, mother of the accused, PW-2 Prakash Chand, brother of the accused, PW-3 Nikka Ram, PW-6 Sukh Ram and PW-14 Birbal Ram. Investigating Officer, who prepared the reports Exts. PW-2/A and PW-2/B. In view of this evidence on record there is no manner of doubt that it was the dead body of Bohra with ante mortem injuries thereon post-mortem whereof was conducted and to which the post-mortem report Ext. PW-7/A relates. It is thus fully and firmly established that Bohra died of the injuries as found on his person as opined vide Ext. PW-7/A and the statement of PW-7. 7. The next question which calls for determination is as to who is the author of the said fatal injuries. To prove that the fatal injuries were caused to the deceased by the accused, the prosecution examined witnesses to give an eye account of the occurrence and circumstances to prove involvement of the accused in causing such injuries. 8. 7. The next question which calls for determination is as to who is the author of the said fatal injuries. To prove that the fatal injuries were caused to the deceased by the accused, the prosecution examined witnesses to give an eye account of the occurrence and circumstances to prove involvement of the accused in causing such injuries. 8. To give eye account of the causing of fatal injuries and thereby death of the deceased by the accused the prosecution examined Krishani Devi (PW-1). Though according to the case of the prosecution, she had seen the accused giving Darat blows to the deceased but the witness has not supported this version and was cross-examined for the prosecution. It was contended by the learned Counsel that PW-1 Krishani Devi the only alleged eye witness of the occurrence has not supported the prosecution version, therefore, the learned Sessions Judge has wrongly taken support from her statement in believing the prosecution version. 9. It is true that the trial Court gave permission to the prosecution to cross examine PW-1 Krishani Devi thereby characterising her as "hostile witness" but that by itself does not completely efface her statement. In such a situation duty of the Court is to read and consider the statement of the witness as a whole with due care and caution. If the Court finds that in light of the other evidence on record any part of such statement is creditworthy, it should accept the same and act upon that. In case the entire testimony of the witness is discredited in the process, his statement must be discarded. 10. In case Sat Paul v. Delhi Administration, AIR 1976 SC 294, the Supreme Court while dealing with the question of value of the statement of a hostile witness has held as under:— "From the above conspectus, it emerges clear that even in a criminal prosecution when a witness is cross-examined and contradicted with the leave of the court, by the party calling him, his evidence cannot, as a matter of law, be treated as washed off the record altogether. It is for the Judge of fact to consider in each case whether as a result of such cross-examination and contradiction, the witness stands thoroughly discredited or can- still be believed in regard to a part of his testimony. It is for the Judge of fact to consider in each case whether as a result of such cross-examination and contradiction, the witness stands thoroughly discredited or can- still be believed in regard to a part of his testimony. If the Judge finds that in the process, the credit of the witness has not been completely shaken, he may, after reading and considering the evidence of the witness, as a whole, with due caution and care, accept, in the light of the other evidence on the record, that part of his testimony which he finds to be creditworthy and act upon it. If in a given case, the whole of the testimony of the witness is impugned, and in the process, the witness stands squarely and totally discredited, the Judge should, as matter of prudence, discard his evidence in toto" 11. Similar view was taken by the Apex Court in cases Bhagwan Singhv. State of Haryana, AIR 1976 SC 202 and SyadAkbarv. State of Karnataka, AIR 1979 SC 1848. 12. Therefore, in view of the settled proposition of law, the learned Trial Judge could take into consideration such part of the statement of PW-1 which after a cautious and careful consideration of the whole of her statement was found reliable and trustworthy in view of the other evidence on the record. It may also be pointed out that when examined as a witness in the Court, Krishani Devi being mother of the accused and widow of the deceased, must, in the ordinary course of human nature be in a dilema to choose between avenging the death of her husband the victim, or to save her son the accused. Nevertheless a re-appraisal of the evidence reveals that she has admitted the following particulars of the prosecution case in her statement on oath:— (a) That on the night intervening 21 and 22.11.1995, the deceased, accused and she were sleeping in the front room of their house and her son Prakash (PW-2) was sleeping in another room beyond kitchen. (b) That at about 2 p.m. she switched on the light in the room where they were sleeping and went to bring water while and deceased and the accused were in the room. (c) That when she returned back to the room from the adjoining kitchen, she saw the deceased lying in a pool of blood, having injuries on his person. (c) That when she returned back to the room from the adjoining kitchen, she saw the deceased lying in a pool of blood, having injuries on his person. (d) That the accused had run away after killing his father and returned to the place of occurrence when the villagers gathered there. (e) That the Darat was lying at a distance of 10 feet from the deceased. (f) That the accused was insisting to dispose of the property in Kothipura but the deceased wanted to construct a house there. (g) That the accused (who has taken plea of insanity as his alternative defence) was living peacefully in the house during his stay of about 30-35 days there and had no quarrel with the villagers or anybody else. 13. The question which further arises is as to how far the above admissions of the factual aspects of the case made by PW-1 Krishani Devi finds corroboration from other evidence on the record to determine the credibility of their admissions. 14. PW-2 Prakash Chand has stated thus: In the night on 21.12.1995 the deceased, accused and his mother (PW-1) were sleeping in the front room of their house and he was sleeping in another room beyond kitchen. At about 2.30 p.m. PW-1 came to his room and informed him that the accused had killed his father. He rushed to room and saw the deceased lying in the room near the door in a pool of blood, having injuries on his face and neck. A blood-stained Darat was lying at a distance of about 10 from the deceased. On his inquiry, PW-1 informed him that the accused had run away from the spot. He then went to his maternal uncle Chint Ram and other villagers and returned with some of them to the spot. After a few minutes of their arrival, accused also came there. The deceased was asked by Chint Ram in the presence of those present and he replied that he had done whatever he wanted to do. The shirt the accused was wearing at that time was blood-stained. The accused who had been residing in Nalagarh alongwith his family for 14/ 15 years had come to his fathers house about a month or l- 1/2 months before the occurrence and was living peacefully without any quarrel with anyone in the village. The shirt the accused was wearing at that time was blood-stained. The accused who had been residing in Nalagarh alongwith his family for 14/ 15 years had come to his fathers house about a month or l- 1/2 months before the occurrence and was living peacefully without any quarrel with anyone in the village. The accused was however bent upon to dispose of the property of Kothipura but the deceased had objected to it. 15. The above statement so far it is about the manner in which they were sleeping on the fateful night, shirt of the accused being blood-stained and existence of blood-stained Darat near the dead body has not been challenged by putting any contrary suggestion. 16. PW-3 Nikka Ram is the Pradhan of the concerned Panchayat, who claims to have come on the spot on hearing the cries and on coming to know that the accused had killed his father. He has stated as follows: On reaching the spot, he saw the dead body of Bohra Ram lying on the floor. It was covered with cloth but blood was around it. There were cut injuries on the face and neck. On his asking accused informed him that whatever he wanted, he had done that. He was further informed by PWs Krishani Devi and Prakash Chand that the accused had killed Bohra. A blood-stained Darat identified as Ext. P-l was also seen by him near the dead body which was taken in possession by the police vide nemo Ext.PW-3/B. The shirt, Ext. P-5 which the accused was wearing and was blood-stained was also taken in possession by the police vide memo Ext.PW-3/E. There is nothing material in the cross-examination of this witness to discredit his testimony. 17. PW-4 Bittu Ram has stated that when he reached on the spot on hearing the call of Prakash Chand, he saw the dead body and a Darat lying there and Krishani Devi (PW-1) told that her husband (deceased Bohra) was killed by Bhag Singh (accused) who also returned to the spot and on enquiries made by them, the accused replied that he had done whatever he wanted to do. In the cross-examination, he has stated that when during night he had reached at the spot, there were three cots inside the room. He has further stated that when the police came there and photographs were taken, there were only two cots. In the cross-examination, he has stated that when during night he had reached at the spot, there were three cots inside the room. He has further stated that when the police came there and photographs were taken, there were only two cots. 18. PW-6 Sukh Ram also claims to have come on the spot on hearing calls of Prakash Chand and on inquiry was informed by Krishani Devi that after killing Bohra, accused Bhag Singh had run away. She also showed him the injuries on the face and neck of the deceased. He saw bloodstained Darat lying at some distance from the dead body. After he had reached there, accused also came there and on inquiries informed that whatever he wanted to do, had been done. He has further stated that the shirt the accused was wearing at that time was blood-stained. There is no suggestion in the cross-examination of the witness to challenge his statement about the deceased wearing a blood-stained shirt at the relevant time. 19. The statement of Krishani Devi (PW-1) on the particulars (a) and (e) to (g), para-12 above is thus fully corroborated by the statements of other witnesses and cannot be disbelieved. Once her statement duly corroborated as aforesaid is believed regarding particulars (a) and (e) to (g) above, there is no reason to disbelieve particular (b), para-12 above. Thus from the evidence on the record, the following circumstances are fully and firmly established:— (i) That the accused wanted to dispose of the land in village Kothipura which was objected to by the deceased. (ii) That on the fateful night, the deceased, accused and Krishani Devi were sleeping in one room. Around midnight when Krishani Devi left to bring water from the kitchen, accused and deceased remained in the room and when Krishani Devi returned to the room, the deceased was lying dead in a pool of blood having injuries on his face and n£ck. A blood-stained Darat was lying at a distance of about 10r from the dead body, and the accused was missing from the room. The accused has not offered any reasonable or probable explanation to this circumstance. (iii) That Krishani Devi informed her son Prakash Chand and other villagers who came on the spot after the occurrence that the deceased was killed by the accused who had thereafter run away. The accused has not offered any reasonable or probable explanation to this circumstance. (iii) That Krishani Devi informed her son Prakash Chand and other villagers who came on the spot after the occurrence that the deceased was killed by the accused who had thereafter run away. (iv) That on return after the arrival of the villagers to the spot, the accused on enquiries made from him replied that he had done whatever he wanted to do, which by necessary implications means that he wanted to kill his father and he had killed him. (v) That the accused on his return to the spot was found wearing a blood-stained shirt. This shirt, Ext. P-5 was taken in possession by the police vide memo Ext. PW-3/A. On analysis vide report, Ext. PW-14/G, the shirt Ext. P-5 was found to be stained with human blood of group O which was found the blood group of the deceased also. There is no reasonable and satisfactory explanation by the accused as to how his shirt came to be stained with the blood of the blood group of his father. 20. In view of the statementsof the prosecution witnesses discussed above and the circumstances set out hereinabove, the irresistible conclusion is that the fatal injuries were caused to Bohra by the accused and none else. 21. In view of the above conclusions, the alternative plea raised by the learned Counsel for the accused that the accused at the relevant time was insane, therefore, he is entitled to the benefit of Section 84 of the Indian Penal Code arises for consideration. 22. Section 84 of the Indian Penal Code reads as follows:— "84. Act of a person of unsound mind.—Nothing in an offence which is done by a person who, at the time of doing it, by reason of unsoundness of mind, is incapable of knowing the nature of the act, or that he is doing what is either wrong or contrary to law." 23. Apparently these provisions are meant to exonerate a person of the legal consequences of his act(s) amounting to an offence (s) if such person while committing the act(s), was by reason of unsoundness of mind incapable of knowing the nature of such act (s) or that what he was doing was either wrong or contrary to law. Apparently these provisions are meant to exonerate a person of the legal consequences of his act(s) amounting to an offence (s) if such person while committing the act(s), was by reason of unsoundness of mind incapable of knowing the nature of such act (s) or that what he was doing was either wrong or contrary to law. The benefit, therefore, will be available to a person who by mental disease is prevented from controlling his own conduct and is deprived, due to such disease, of the power of passing a rational judgment on the moral or legal character of the act. To establish that an act committed by a person is not an offence in view of Section 84 supra, following conditions must be satisfied:— (a) That the accused was of unsound mind at the time of commission of the act; and (b) That by reason of such unsoundness of mind he was incapable of knowing the nature of the act or that he was doing what was either wrong or contrary to law. 24. It may also be pointed out that the fundamental principle of Criminal Jurisprudence is that the accused is to be presumed innocent unless proved guilty and it is for the prosecution to prove the guilt of the accused beyond reasonable doubt. However, once the prosecution has proved its case beyond any reasonable doubt, it is for the accused to prove the circumstance(s) bringing his case under any general or special exception contained in any law for the time being in force, if so claimed in defence. It is so by virtue of the provisions of Section 105 of the Indian Evidence Act which provides as follows:— "105. Burden of proving that case of accused comes within exceptions.—When a person is accused of any offence, the burden of proving the existence of circumstances bringing the case within any of the General Exceptions in the Indian Penal Code (XLV of 1860), or within any special exception or proviso contained in any other part of the same Code, or in any law defining the offence, is upon him, and the Court shall presume the absence of such circumstances." 25. Thus the accused who wants to take benefit of general or special exceptions to get himself exonerated of the offence committed by him, has to prove such exception. 26. In case Ramachandran v. State of Kerala, (1986 Cri. Thus the accused who wants to take benefit of general or special exceptions to get himself exonerated of the offence committed by him, has to prove such exception. 26. In case Ramachandran v. State of Kerala, (1986 Cri. L.J. 1222), Supreme Court while dealing with defence of insanity held as follows:— "13. It is the fundamental proposition of law hat it presumes every person at the age of discretion to be sane unless the contrary is proved. Even in a case where any lunatic had lucid intervals the law presumes the offences committed by him to have been committed in a lucid interval unless there is evidence to show that it was committed during the period of mental disorder Section 84 of the IPC provides that nothing is an offence which is done by a person who at the time of doing it, by reason of unsoundness of mind, is incapable of knowing the nature of the acts or that he is doing what is either wrong or contrary to law. Though the initial burden is on the prosecution to prove its case, there is a rebuttable presumption that the accused was not insane when he committed the crime. It is for the accused to rebut that presumption by adducing evidence before the court. Accused has to prove not only that he was a lunatic but also that the ace was committed during lunacy and not in a lucid interval. Merely because it is shown that accused is a short tempered person it cannot be said that he was unaware of the consequences of his act. So long as there is no evidence to show that the appellant (accused) was not suffering from any mental derangement it cannot be held that he was unaware of the consequences of his act. The fact that he went to the police station and the fact that he made a clean breast of what had transpired would really show that he was aware of what he had done. 14. To attract the immunity provided under Section 84 of the IPC, the Court has to consider whether the accused suffered from legal insanity at the relevant time. 14. To attract the immunity provided under Section 84 of the IPC, the Court has to consider whether the accused suffered from legal insanity at the relevant time. Every type of insanity would not come under legal insanity unless there is evidence to the effect that the faculty of mind was destroyed as a result of unsoundness to that magnitude as to make him incapable of knowing the nature of his acts. We have necessarily to consider whether the congenitive faculty of mind of the accused was not there when he committed the crime. PW-6s evidence would show that she was sent by the accuseds sister to get coconut from Devaki Antherjanam and she reported the failure of her mission in the presence of the accused. This naturally infuriated the accused and he went to PW-11 and got sharpened M.O. 1 chopper and it was with that chopper he hacked the deceased. The conduct that followed after the action would also show that the accused was aware of the act done by him. Straightway accused went to the Police Station. He also confessed about the crime to PWs 1 and 3. These are the circumstances to hold that the accused was never insane at the time of incident." 27. It is in view of the above legal proposition that the contentions of the learned Counsel for the accused call for consideration. 28. The alternative plea of the accused being insane is based on the facts that the accused who was residing in Nalagarh was suffering from some mental ailment and was brought by the deceased to his house about a month or so before the occurrence and was being treated by one Sham Singh Chela of the village. The facts emerge from the statements of PW-1 Krishani Devi, PW-2 Prakash Chand and PW-4 Bittu Ram. The version of the accused in this regard in his statement under Section 313, Cr.P.C. is as follows:— "I am innocent. The case is false. My father has executed Will of the land of village Kot which was not acceptable to my brother Prakash and in order to grab my share, my brother Prakash manipulated and involved me in this case falsely. I was having good relations with my father and there was no dispute of any property with him. The case is false. My father has executed Will of the land of village Kot which was not acceptable to my brother Prakash and in order to grab my share, my brother Prakash manipulated and involved me in this case falsely. I was having good relations with my father and there was no dispute of any property with him. Those days, I was mentally disturbed and under treatment, so my brother has taken undue advantage of my madness and involved me in this case. I was called by my father for treatment and was being treated by Sham Singh." 29. There is no dispute that for the alleged mental illness the accused was not medically treated at any point of time. He was allegedly treated by one Sham Singh Chela who is stated to know witchcraft. The accused though summoned said Sham Singh to examine him in defence but finally choose not to examine him. It is thus not made out as to from what type of mental ailment the accused was suffering. There is no evidence to show that such ailment was of the nature which had rendered the accused incapable of knowing the nature of his acts. 30. The accused was arrested almost immediately after the commission of murder and since then he is in custody. There is no evidence that during this period of custody accused was ever treated for any mental disorder. In view of his statement under Section 313, Cr.P.C. it is clear that he is not under any mental disability. Thus how the alleged ailment stood cured without any treatment is not known. There is no evidence that at the time of commission of the offence the accused was of unsound mind to bring his case within the ambit of Section 84 of the Indian Penal Code. On the contrary, the material on the record belies the defence plea. 31. It is in the statement of PW-1 Krishani Devi and PW-2 Prakash Chand that during his stay in his parents house for 30/ 35 days immediately before the occurrence, the accused remained there peacefully and did not quarrel with anyone in the family or the village. He had been working as a labourer for Sham Singh as stated by PW-5 Siri Ram. He had been working as a labourer for Sham Singh as stated by PW-5 Siri Ram. No such act having been committed by the accused during his stay in his fathers house has been suggested to any of the material witness from which his being of unsound mind may be inferred. The conduct of the accused in committing the murder when his mother left the room to bring water and his leaving the place immediately thereafter can lead to the only conclusion that the accused was capable of forming a rational judgment about his plans, acts and its consequences. The defence plea that the accused was insane at the relevant time is thus not proved. 32. In view of the above discussion, the learned Sessions Judge has rightly appreciated the evidence and the conviction of the accused is based on cogent and reliable evidence. The .impugned conviction and sentence, therefore, does not call for interference by this Court. 33. As a result, this appeal merits dismissal and is accordingly dismissed. 34. A copy of this judgment be supplied to the accused through the concerned Jail Superintendent for information. Appeal dismissed.