IMPORTANT POINT
Every person, who is mentally diseased, is not ipso facto exempted from criminal responsibility.

JUDGMENT

Dr. Arijit Pasayat, J. —

1. Leave granted.

2. Challenge in this appeal is to the judgment of a Division Bench of the Bombay High Court, Aurangabad Bench, dismissing the appeal filed by the appellant who was found guilty for the offence punishable under Section 302 of the Indian Penal Code, 1860 (in short ‘IPC’) by the Additional Sessions Judge, Jalgaon, in Sessions Case No.140 of 2002 and was sentenced to undergo imprisonment for life and to pay a fine with default stipulation.

3. The prosecution case unfolded through depositions of ASI Ukhadu Tadvi (PW-2), hospital nurse Smt. Suman Bhave (PW-3) and guard Bhagwat Sutar (PW-4), also complaint (Exhibit 18) that was filed by ASI Tadvi, on behalf of the State. The incident in question 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 plicemen 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, shouted, “Dada run, there is a noise of violence in the prisoners’ room”.

Consequently, entire guard party rushed to the Wardroom and it was opened. As ASI Tadvi entered the room, he was grabbed by the appellant. However, all policemen managed to control the appellant and again put him on the bed, where he was asked to sleep on the night with handcuff. It was noticed at that time that, the appellant had freed himself from the handcuff. It was noticed that the co-prisoner was not on the bed, but was hanging from the cot, his leg still was locked to the bed with the fetter. Iron stand, used for hanging a saline bottle, was lying by his side. It was also noticed that Dilip, the deceased who was hanging by the side of the cot, had suffered head injury. The prisoner, who was caught by the guard and who had escaped from the handcuff, was the appellant. In the meanwhile, electricity supply was resumed by the hospital generator. Nurse Suman (PW-3) had arrived there, who summoned Resident Medical Officer (in short ‘RMO’). The RMO and other doctors then carried the victim Dilip on a stretcher to the room of Casualty Medical Officer (CMO) Dr. Survade, who, after sometime, informed that the victim had expired. Intimation to that effect was sent to Zilla Peth Police Station.

A detailed complaint, narrating these events, was lodged by ASI Tadvi to the said Police Station, which was registered as First Information Report at 08.30 hours and after investigation and committal of the case, trial, which culminated into impugned judgment before the High Court, was held.

As already described hereinabove, ASI Tadvi (PW-2), so also nurse Suman (PW-3) and Police Constable Bhagwat (PW-4), are the persons, who reached the location in response to call by guard on duty, Police Constable Gokul. Other set of important witnesses is of four doctors. Dr. Surwade (PW-5), was the CMO, who had reached the location upon call by nurse Suman. Dr. Bhalchandra (PW-8) had performed autopsy. He has recorded an opinion that, the death was result of head injury sustained with multiple rib fracture,