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1983 Supreme(SC) 47

SUPREME COURT OF INDIA
S. Murtaza Fazal Ali and O. Chinnappa Reddy, JJ.
State of Punjab - Appellant
versus
Mohinder Singh - Respondent
Criminal Appeal No. 522-23 of 1976
Decided on 2nd February, 1983

Advocates:
D.D.SHARMA, R.L.Kohli, S.K.SABHARWAL

Headnote:Indian Penal Code, 1860-When insanity of accused can be found-

        Where the appellant was convicted under section 302 Indian Penal Code and sentenced to imprisonment for life, and also for three months Rigorous Imprisonment under sections 25 and 27 of the Arms Act whereas the medical evidence made it clear that the accused was suffering from scuizophronia, a form or insanity.

        Held, After going through the evidence of the two doctors it is clear that the accused was suffering from scuizophronia which is one form of insanity. The doctor had examined accused a little before as also a little after the occurrence and he was found insane. The detailed reasons given by both Dr. Harbans Lal and Dr. Ram Kumar have been corroborated by each other. From the evidence also it is clear that he was talking in a very unusual manner saying things to the effect that he had seen Lord Shiva in front of him and the alike. It cannot be said that the finding of the High Court was wrong.

       

JUDGMENT

O. Chinnappa Reddy, J. - The appellant has been convicted under section 302 Indian Penal Code and sentenced to imprisonment for life. He has also been convicted under sections 25 and 27 of the Arms Act and sentenced to three months rigorous imprisonment. After going through the evidence of the two doctors it is clear that the accused was suffering from scuizophronia which is one form of insanity. The doctor had examined accused a little before as also a little after the occurrence and he was found insane. The detailed reasons given by both Dr. Harbans Lal and Dr. Ram Kumar have been corroborated by each other. From the evidence also it is clear that he was talking in a very unusual manner saying things to the effect that he had seen Lord Shiva in front of him and the alike. It cannot be said that the finding of the High Court was wrong. In view of these circumstances we are not in a position to take a different view particularly when the appellant was suffering from scizophrenia. The appeals are accordingly dismissed.

Appeal accordingly dismissed.

For Citation : (1983) 2 SCC 274 = 1983 SCC (Crl.) 402

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