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2022 Supreme(SC) 1919
SUPREME COURT OF INDIA
A.S. Bopanna, Vikram Nath, JJ.
Suresh Dnyandeo Kate – Appellant
Versus
The State of Maharashtra – Respondent
Criminal Appeal No. 521 of 2015
Decided On : 15-06-2022
Mr. Atul Babasaheb Dakh, Advocate, for the Appellant; Mr. Sachin Patil, Advocate, Mr. Rahul Chitnis, Advocate, Mr. Aaditya A. Pande, Advocate, Mr. Geo Joseph, Advocate, Ms. Shewtal Shepal, Advocate, for the Respondent.
The central legal point established in the judgment is the court's interpretation and application of Section 84 IPC, emphasizing the requirement for the accused to prove incapacity to understand the nature of the act due to mental illness.
Headnote:
Mental Illness - Criminal Law - IPC 302 - [IPC- Indian Penal Code, 1860, CrPC- Criminal Procedure Code, 1973] - The court discussed the applicability of Section 84 IPC, which deals with the defense of unsoundness of mind. The appellant claimed the benefit of Section 84 IPC due to mental illness, but both the Trial Court and the High Court rejected the plea, concluding that the appellant was capable of understanding the nature of the act and was of sound mind at the time of the offense.
Fact of the Case:
The appellant was convicted under section 302 IPC for brutally assaulting his wife, leading to her death. The prosecution's case highlighted the appellant's actions before and after the incident, including his treatment of the deceased and his attempts to hide evidence. The appellant claimed the benefit of Section 84 IPC, citing mental illness as a defense.
Finding of the Court:
The Trial Court and the High Court both rejected the appellant's plea for the benefit of Section 84 IPC, concluding that the appellant was capable of understanding the nature of the act and was of sound mind at the time of the offense. The courts emphasized the appellant's actions before and after the incident as evidence of his mental capacity.
Issues: The main issue was whether the benefit of Section 84 IPC should be extended to the appellant based on his claim of mental illness and incapacity to understand the nature of the act committed by him.
Ratio Decidendi: The courts relied on the appellant's actions before and after the incident, as well as the lack of evidence regarding a history of mental ailment or psychiatric illness in the family, to conclude that the appellant was capable of understanding the nature of the act and was of sound mind at the time of the offense.
Final Decision: The appeal was dismissed, and the appellant's plea for the benefit of Section 84 IPC was rejected by both the Trial Court and the High Court.
ORDER
1. The present appeal filed by accused-appellant, Suresh Dnyandeo Kate (hereinafter referred to as 'the appellant') arises from the judgment and order dated 13.03.2014 passed by Bombay High Court in Criminal Appeal No. 719 of 2009, whereby the appeal was dismissed. The conviction from the Trial Court was upheld, whereby the appellant was convicted under section 302 IPC[IPC- Indian Penal Code, 1860] and sentenced to undergo imprisonment for life and pay fine of Rs.500/-.
FACTS:
2. The case of the prosecution is that appellant married Vidya (deceased) and had two children, Viraj and Manali. The appellant was working as a priest in Hanuman temple and later on he started selling Vada-Pav outside Jayashree Talkies. Both the husband and wife were suspecting each other of having an illicit relation which was the reason of frequent quarrels between them.
3. On 24.11.2005, the appellant brutally assaulted his wife with an iron rod which had a pointed edge (generally used for breaking coconut). At the time of the assault, the minor son and the daughter were sleeping inside the same house. They woke up as they heard their mother scream and saw their father hitting their mother. After this the appellant went to his sister's house, after locking the door from outside. In the meantime, the daughter made a phone call to her maternal uncle, Uddhav and informed him that her mother is lying in a pool of blood and her father has locked them inside the house. After this the appellant came back with his sister who took both the children to her house and Vidya was taken to YCM Hospital by the appellant.
4. PSI Dattatraya Falle (PW8) who was on night duty at Nigdi Police Station, received information about admission of Vidya (deceased) in YMC Hospital. On reaching the Hospital, he was informed that Vidya had succumbed to her injuries. Father of the deceased, Anandrao Takawane (PW1) lodged a complaint and FIR being Crime No. 451 of 2005 was registered. Crime was initially investigated by PSI Falle. He drew the inquest panchanama of dead body of Vidya in the presence of panchas and then the dead body was referred for post-mortem examination.
5. On the day of the incident itself, the appellant was arrested. The appellant had certain injuries on him and, therefore, he was sent to YCM Hospital for examination. After examination, following external injuries were noticed on the appellant by Dr. Arvind Patil (PW 7):
'i) Lineal abrasion over left side of forehead at half line tapering upward oblique 3 cm in length. Nape of neck horizontal 8 cm in length tapering towards left, left leg upper third vertical 8 cm in length tapering downwards, semi solid jelly like discharge present on the edge of injury.
ii) Small abrasion over right scapular region four in numbers of 3 cm x 3 cm size, on left scapular region three in number 3 cm x 3 cm size with thick serious discharge.
iii) Abrasion over left hand extensor aspect 0.5 cm x 0.5 cm.'
The doctor was of the opinion that the age of injury was within 12 to 25 hours and the injuries may have been caused by a pointed object. The other injuries were due to hard and blunt object.
6. The investigation was then transferred to PI Eknath Patil (PW 9), who seized the blood-stained clothes of the appellant in presence of panchas and recorded the statement of the children of the deceased and other witnesses. During investigation, the appellant took the police and the panchas to a place called Mahadu Gavade Chawl and produced the weapon used in the crime which had been concealed beneath the tree.
7. Post-mortem of the dead body was performed by Dr. Bal Ughade (PW 6), who noticed the following external injuries -
'1. Contusion over right knee joint 1 cm circular in shape.
2. Multiple abrasion over left knee joint.
3. CLW right middle finger at nail bed'
Following injuries were noticed over the scalp -
' 1. CLW over left eyebrow horizontal 3 x 1/2 cm.
2. CLW over right frontal bone oblique 2 cm x 1/2 cm.
3. CLW right frontal bone immediately
