2002 (9) TMI 883 - SC - Indian Laws

Police constable acquitted of wife's murder due to mental illness, released under Section 84 IPC

Shrikant Anandrao Bhosale Versus State of Maharashtra

The appellant, a police constable, was initially convicted and sentenced to life imprisonment for the murder of his wife. However, based on evidence of ... - Issues Involved:1. Insanity of the appellant at the time of the commission of the offence.2. Whether the appellant was guilty of murder under Section 302 of the IPC.3. Applicability of Section 84 IPC (general exception due to unsoundness of mind).Detailed Analysis:1. Insanity of the Appellant:The main plea urged for reversing the conviction was the insanity of the appellant at the time of the offence. The appellant, a police constable, was found guilty by the Sessions Court and sentenced to life imprisonment for the murder of his wife. The High Court affirmed this judgment. The appellant's defense was based on Section 84 IPC, which exempts acts committed by a person incapable of knowing the nature of the act due to unsoundness of mind.The defense relied on testimonies from Dr. Arun (DW2) and Dr. Pramod (DW3), who confirmed that the appellant was diagnosed with paranoid schizophrenia, a mental illness characterized by delusions and hallucinations. The appellant had a history of psychiatric illness, with medical records showing he was treated for this condition from 1992 and had multiple hospital visits for treatment. The prosecution, however, argued that the appellant's actions were due to extreme anger, not insanity.2. Guilt Under Section 302 IPC:The Sessions Court and the High Court found sufficient evidence to prove the appellant's guilt under Section 302 IPC. The prosecution established that the appellant had a history of quarrels and excessive drinking, leading to extreme anger. On the incident day, the appellant hit his wife with a grinding stone, resulting in her death. The appellant's immediate actions post-incident did not indicate an attempt to hide or flee, which the prosecution argued was not indicative of insanity but rather a fit of anger.3. Applicability of Section 84 IPC:The critical issue was whether the appellant was insane at the time of the offence, thus qualifying for the exception under Section 84 IPC. The court examined the totality of circumstances, including the appellant's medical history and behavior before and after the incident. The defense needed to prove that the appellant was incapable of knowing the nature of his act due to unsoundness of mind at the time of the offence.The court referred to the principles laid out in Dahyabhai Chhaganbhai Thakker v. State of Gujarat, emphasizing that the burden of proof on the accused to establish insanity is not as stringent as in criminal proceedings but rather akin to civil proceedings, requiring a preponderance of probabilities. The court also noted that the state of mind at the time of the offence is crucial and can be inferred from the circumstances surrounding the crime.Conclusion:The court concluded that the appellant had a family history of psychiatric illness and was diagnosed with paranoid schizophrenia. The appellant's behavior and medical history indicated a continuous struggle with mental illness. The court found that the appellant's actions could reasonably be attributed to a delusional state caused by his mental ailment, rather than a mere fit of anger. Therefore, the appellant was entitled to the benefit of Section 84 IPC, leading to the setting aside of the conviction and sentence.Judgment:The appeal was allowed, the conviction and sentence were set aside, and the appellant was ordered to be released forthwith, provided he was not required in any other case. The court expressed appreciation for the assistance rendered by Dr. Shyamla Pappu, amicus curiae for the appellant.