TMI Blog2002 (9) TMI 883X X X X Extracts X X X X X X X X Extracts X X X X ..... by the police to the quarter guard. Surekha was taken to the Hospital. She was found dead. After usual investigation, the appellant was charged for the offence of murder of his wife. On appreciation of evidence, the appellant was found guilty by the Sessions Court. The evidence was again appreciated by the High Court. The judgment of the Sessions Court was affirmed. We have heard learned counsel and have perused the record. In our opinion also, there is enough cogent evidence to prove that the appellant killed his wife. Now, the only aspect to be considered is the defence of insanity of the appellant. That defence has not found favour with the Sessions Court and the High Court. Dr. Shyamla Pappu, learned senior counsel appearing as amicus curie has vehemently and ably argued that the appellant was suffering from insanity at the time of alleged killing of his wife and was, thus, entitled to benefit of general exception contained in Section 84 IPC. With equal vehemence and ability, Mr. Arun Pednekar argued that the appellant killed his wife not because of insanity but on account of extreme anger, which is different from insanity. Learned couns ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the house. What is paranoid schizophrenia, when it starts, what are its characteristics and dangers flowing from this ailment. Paranoid schizophrenia, in the vast majority of cases, starts in the fourth decade and develops insidiously. Suspiciousness is the characteristic symptom of the early stage. Ideas of reference occur, which gradually develops into delusions of persecution. Auditory hallucinations follow, which in the beginning, start as sounds or noises in the ears, but are afterwards changes into abuses or insults. Delusions are at first indefinite, but gradually they become fixed and definite, to lead the patient to believe that he is persecuted by some unknown person or some superhuman agency. He believes that his food is being poisoned, some noxious gases are blown into his room, and people are plotting against him to ruin him. Disturbances of general sensation gives rise to hallucinations, which are attributed to the effects of hypnotism, electricity wireless telegraphy or atomic agencies. The patient gets very irritated and excited owing to these painful and disagreeable hallucinations and delusions. Since so many people are against him and are interested ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... what is either wrong or contrary to law. The burden of proving the existence of circumstances bringing the case within the purview of Section 84 lies upon the accused under Section 105 of the Indian Evidence Act. Under the said section, the Court shall presume the absence of such circumstances. Illustration (a) to Section 105 is as follows : (a) A, accused of murder, alleges that, by reason of unsoundness of mind, he did not know the nature of the act. The burden of proof is on A. The question whether the appellant has proved the existence of circumstances bringing his case within the purview of Section 84 will have to be examined from the totality of circumstances. The unsoundness of mind as a result whereof one is incapable of knowing consequences is a state of mind of a person which, ordinarily can be inferred from the circumstances. If, however, an act is committed out of extreme anger and not as a result of unsoundness of mind, the accused would not be entitled to the benefit of exception as contained in Section 84 IPC. In fact, that is the contention of the learned counsel for the State. It was contended that the prosecution evidence has establish ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d that the general burden of proof resting on the prosecution was not discharged. In support of the contention that the crucial point of time for ascertaining the existence of circumstances bringing the case within the purview of Section 84 IPC is the time when the offence is committed, the learned counsel relied upon the following passage from the aforenoticed case : When a plea of legal insanity is set up, the court has to consider whether at the time of commission of the offence the accused, by reason of unsoundness of mind, was incapable of knowing the nature of the act or that he was doing what was either wrong or contrary to law. The crucial point of time for ascertaining the state of mind of the accused is the time when the offence was committed. Whether the accused was in such a state of mind as to be entitled to the benefit of s.84 of the Indian Penal Code can only be established from the circumstances which preceded, attended and followed the crime. Undoubtedly, the state of mind of the accused at the time of commission of the offence is to be proved so as to get the benefit of the exception. We have already noticed e ..... X X X X Extracts X X X X X X X X Extracts X X X X
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