TMI Blog2008 (10) TMI 706X X X X Extracts X X X X X X X X Extracts X X X X ..... on took place on the night between 18th and 19th July, 2002. To be precise, it took place at about 4.00 a.m. of 19.7.2002, at Ward No. 14 of Civil Hospital, Jalgaon, where the appellant and the victim Dilip Sitaram Chaudhary (hereinafter referred to as `deceased') were lodged. The complainant ASI Tadvi was posted on guard duty at the said prisoners' cell in the Civil Hospital. There were other four policemen also, along with him, namely, Police Constables Ibrahim, Bhagwat, Gokul and Police Naik Sattar. Victim Dilip was admitted for treatment since 14.7.2002. On 18.7.2002, the appellant was admitted for treatment with the complaint that he was murmuring to himself, like a lunatic. Both, the victim and the appellant, were lodged in Ward No. 14 in a common room. ASI and 4 policemen were the party on guard, posted at the said ward. On the fateful night, there was no electricity supply. At about 3.30 a.m. on 19.7.2002, constable Gokul was on duty. Since it was raining, policemen occupied a location at the ground floor of the hospital. Gokul alone was in the guardroom, by the side of the prisoners ward. At about 4.00 a.m. Police Constable Gokul, on duty ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hospital and the appellant was under their observation, at the material time. The prosecution and the trial Court have laid heavy emphasis on their evidence, in order to counter the defence of mental illness, raised by the accused. Rajendra (PW-1), is the panch witness to inquest panchnama (Exh.16), spot panchnama (Exh. 26) was drawn in presence of panch witness Prabhakar. Blood stained pant of the accused was also seized under panchnama (Exh. 27), in his presence. Third panch witness Vilas (PW-7) was present when arrest of the accused was effected, vide Exhibit 30 and also when clothes of the deceased were seized under Exhibit 29. 4. The trial Court, as noted above, discarded the defence of mental illness as raised by the accused and found him guilty. The accused reiterated its stand of general exception under Section 84 of the IPC before the High Court. It was submitted that at the time of occurrence by reason of unsoundness of mind the appellant was incapable to knowing the nature of the act and was, therefore, entitled to protection under Section 84 IPC. The High Court did not find any substance in the plea and dismissed the appeal. 5. Learned Counse ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lbow ? It is to be remembered that these tests are good for cases in which previous insanity is more or less established. These tests are not always reliable where there is, what Mayne calls, inferential insanity . 8. Under Section 84 IPC, a person is exonerated from liability for doing an act on the ground of unsoundness of mind if he, at the time of doing the act, is either incapable of knowing (a) the nature of the act, or (b) that he is doing what is either wrong or contrary to law. The accused is protected not only when, on account of insanity, he was incapable of knowing the nature of the act, but also when he did not know either that the act was wrong or that it was contrary to law, although he might know the nature of the act itself. He is, however, not protected if he knew that what he was doing was wrong, even if he did not know that it was contrary to law, and also if he knew that what he was doing was contrary to law even though he did not know that it was wrong. The onus of proving unsoundness of mind is on the accused. But where during the investigation previous history of insanity is revealed, it is the duty of an honest investigator to subject the accused ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... even if he did not know it, it was either wrong or contrary to law then this section must be applied. The crucial point of time for deciding whether the benefit of this section should be given or not, is the material time when the offence takes place. In coming to that conclusion, the relevant circumstances are to be taken into consideration, it would be dangerous to admit the defence of insanity upon arguments derived merely from the character of the crime. It is only unsoundness of mind which naturally impairs the cognitive faculties of the mind that can form a ground of: exemption from criminal responsibility. Stephen in `History of the Criminal Law of England, Vo. II, page 166 has observed that if a person cuts off the head of a sleeping man because it would be great fun to see him looking for it when he woke up, would obviously be a case where the perpetrator of the act would be incapable of knowing the physical effects of his act. The law recognizes nothing but incapacity to realise the nature of the act and presumes that where a man's mind or his faculties of ratiocination are sufficiently dim to apprehend what he is doing, he must always be presumed to intend the conseq ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r that he had committed certain unusual acts, in the past or that he was liable to recurring fits of insanity at short intervals, or that he was subject to getting epileptic fits but there was nothing abnormal in his behaviour, or that his behaviour was queer, cannot be sufficient to attract the application of this section. 13. Section 84 of the Indian Penal Code, reads as follows: 84. Act of a person of unsound mind - 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 act, or that he is doing what is either wrong or contrary to law. 14. The evidence of doctors who attended the accused-appellant and the opinion expressed by them clearly goes to show that the appellant's plea relating to unsoundness of mind have no substance. Dr. Satish (PW.9) was present when the appellant was admitted to the Civil Hospital on 18.7.2000 at about 11.45 a.m. He has stated as follows: I examined the patient, I did not find any obvious psychiatric illness. He was still kept under observation. Subsequently, Dr. Badgujar (PW.10) medically treated patient Sidhapal. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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