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1997 Supreme(SC) 1019

M.K.MUKHERJEE, S.SAGHIR AHMAD
Sahib Singh – Appellant
Versus
State Of Haryana – Respondent


JUDGMENT

S. Saghir Ahmad, J.-HALLUCINATION, as a disease, is an apparent perception without any corresponding external object. It is defined as any of numerous sensations, auditory, visual or tactile, experienced without external stimulus and caused by mental derangement or intoxication. It may occur with relation to any of the special senses, namely, hearing sounds or seeing things that do not exist.

2. The prosecution in this case presents before us a story of Hallucination where a dead person is seen by the eye-witnesses to have come armed with a gun, fired the gun at one of the witnesses who was injured and then was seen running away with other people including the appellant, towards another village never to be found again. The appellant was seen in the company of that dead person, shoulder to shoulder, armed with a gun and triggering it to keep pace with the activities of his companion, the dead.

3. Prosecution unfolds its story by ushering us into an era when the Punjab was writhing in pain of militancy.

4. Village Pipaltha, P.S. Garhi, Distt. Jind, where Om Prakash (deceased) lived with his three sons, Dharam Pal (P.W. 10), Surinder (P.W.11) and Suresh (P.W.12) (fourth is not

































































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