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2023 (1) TMI 1306 - SC - Indian LawsAct of a person of unsound mind - doctrine of burden of proof - Rebuttal of presumption - mental illness caused by Schizophrenia - attacking the deceased - HELD THAT:- Before the Court of Sessions, an application Under Section 329 of Code of Criminal Procedure was filed on behalf of the Appellant. Even while considering the application for bail, the Court noticed the inability of the Appellant to understand the ongoing proceedings. Two doctors were examined as AWs 1 and 2, for the fact that he was indeed suffering from schizophrenia. AW2 was examined to show that he was taking the treatment earlier at GMC Hospital at Bhiwani. AW1 is the doctor who examined him after the occurrence on the orders of the trial court. She had deposed that he was indeed suffering from chronic schizophrenia - The fact that he was unable to understand the act committed, and his subsequent incarceration was taken note of. While issuing the first certificate, this Government doctor in clear terms had stated that the Appellant was not fit enough to stand the trial. However, she gave another certificate after treating him as an in-patient to the effect that he could stand trial thereafter. The Court of Sessions and the High Court rendered the conviction on merits. The plea of insanity was also taken. It was accordingly rejected on the ground that PW6, the brother of the grandfather of the Appellant, did not find any abnormality and that his mother has not been examined. Further, PW10 being the doctor who physically examined the Accused after the incident, stated that the Accused was mentally well. The mere fact that the Appellant subsequently became fit to face the trial is sufficient enough to render an order of acquittal as it is indicative of his prior insanity - both the Trial Court and the High Court were influenced by the nature of the act while ignoring the condition of the Appellant and the fact that the burden on the Accused is one of preponderance of probability. The order dated 25.07.2006 of the trial court of conviction and sentence of the Appellant punishable Under Section 302 of the Indian Penal Code and the judgment and order dated 02.06.2008 of the High Court affirming the same are set aside - The Appellant is acquitted of all the charges charged with. The bail bonds of the Accused shall stand discharged.
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