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2023 (10) TMI 1293 - SC - Indian LawsMurder - Scope of exception Under Section 84 of Indian Penal Code or not - issue of insanity - reversal of order of acquittal - HELD THAT:- The fact that the Appellant had committed murder of the deceased have been found established concurrently by the Trial Court as well as the High Court, therefore, we would discuss the evidence in this regard very briefly - Basing upon the evidence of PW-1 and PW-13 and the medical evidence adduced, it is fully proved that the Appellant-Accused had attacked the deceased with sharp-edged weapon causing his death. Issue of insanity - HELD THAT:- It is settled that the standard of proof to prove the lunacy or insanity is only 'reasonable doubt' - In Surendra Mishra v. State of Jharkhand [2011 (1) TMI 1586 - SUPREME COURT] , HARI SINGH GOND VERSUS STATE OF M.P. [2008 (8) TMI 1012 - SUPREME COURT] and Bapu v. State of Rajasthan [2007 (6) TMI 557 - SUPREME COURT] this Court has held that an Accused who seeks exoneration from liability of an act Under Section 84 of Indian Penal Code has to prove legal insanity and not medical insanity. Since the term insanity or unsoundness of mind has not been defined in the Penal Code, it carries different meaning in different contexts and describes varying degrees of mental disorder. A distinction is to be made between legal insanity and medical insanity. The court is concerned with legal insanity and not with medical insanity. It is settled that the judgment of acquittal can be reversed by the Appellate Court only when there is perversity and not by taking a different view on reappreciation of evidence. If the conclusion of the Trial Court is plausible one, merely because another view is possible on reappreciation of evidence, the Appellate Court should not disturb the findings of acquittal and substitute its own findings to convict the Accused - In the case at hand, the High Court had reversed the finding of acquittal and convicted the Appellant mainly on reappreciation of evidence by holding that the Trial Court erred in extending the benefit of Section 84 of Indian Penal Code, without even recording a finding that the Trial Court's finding is perverse. In the light of the evidence discussed by the Trial Court including the medical evidence about the mental illness of the Appellant-Accused and his abnormal behaviour at the time of occurrence, it does not appear that the view taken by the Trial Court was perverse or that it was based on without any evidence - the High Court erred in setting aside the judgment of acquittal rendered by the Trial Court. The Appellant-Accused of the charge Under Section 302 Indian Penal Code acquitted - appeal allowed.
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