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2009 Supreme(Bom) 1097
In the High Court of Bombay at Aurangabad
THE HONOURABLE MR. JUSTICE V.R. KINGAONKAR
Hitendra S/o Shrikrishna Patil – Appellant
Versus
The State of Maharashtra - Respondent
CRIMINAL APPEAL NO.215 OF 2000
Decided on : 29-08-2009
Headnote:Indian Penal Code, 1860 - Section 84 Unsuccessful plea of insanity. Where conduct of accused is showing that he was well aware that running away from places in his interest, it was sufficient to prove that he was not insane, plea of insanity not proved hence defence under Section 84 IPC shall not be available.
Indian Penal Code, 1860 - Section 307 Absence of motive. Mere absence of motive is not sufficient discredit prosecution case, burn injuries found on arms of accused are not explained by him and mere absence of petrol traces would not show that he was not injured in incident prosecution successfully proved that accused was not insane defence under Section 84 of IPC shall not be available.
Indian Penal Code, 1860 - Section 307 Appeal against conviction Girl was set on fire by accused Plea of mental illness not accepted by Court Incident occurred in broad day light Spot panchnama not found disturbed Petrol and burnt pieces of clothes collected Version of victim shows she identified accused She was neighbour of her grand parents Servant who escorted her corroborated facts Evidence of doctors is not definite on sanity of accused Lunacy at intervals expected He was not admitted in any medical hospital or sanatorium Mens rea absent It is necessary to prove that at time of incident he was suffering from alleged irregular insanity He failed to prove Appeal against conviction fails. - The appellant was taken to hospital of Dr. Shrikant Joshi by his father. The history was narrated by the father. The version of Dr. Shrikant Joshi, reveals that he was unable to tell as to what was psychological state of mind of the appellant at the time of the incident in question. The testimony of Dr. Prakash is also insufficient to reach definite conclusion that the appellant was suffering from lucid intervals of insanity at the relevant time. The appellant was not admitted in the sanatorium on any past occasion.
If a person is incapable of knowing as to what he was doing, then only it can be said that the act was not actuated with mens rea. The mental incapacity may be result of variety of situations. There must be acceptable evidence to reach conclusion that the accused at the given point of time suffered "non compos mentis".
The burden to prove the defence of insanity is on the accused. Unless the accused would establish that he was incapable of knowing the nature of the act committed by him or what he was doing was either wrong or contrary to law, he would not be entitled to avail the defence under Section 84 of the IP Code.
It is not necessary to elaborately consider the remaining evidence tendered by the prosecution. Considering the totality of the circumstances and evidence on record, Court is of the opinion that the prosecution has duly proved that the appellant attempted to cause death of injured Ruchi in the relevant noon and, therefore, has been rightly convicted for the offence punishable under Section 307 of the IP Code. Court find itself in general agreement with the evaluation of the evidence as has been done by the learned Sessions Judge. The innocent school going girl is the victim of the incident. She suffered life time harrowing experience due to the murderous assault mounted by the appellant. Consequently, the sentence awarded by the learned Sessions Judge, is also proportionate to the proved offence. Hence, the appeal is destitute of substance and is, therefore, dismissed. The impugned judgment of conviction and sentence is maintained and the appellant is directed to surrender immediately to the bail or else the Sessions Court shall ensure that the appellant undergoes remaining part of 25 years substantive sentence.
1. Challenge in this appeal is to judgment rendered by learned 4th Additional Sessions Judge, Jalgaon, in Sessions Case No.84/1996, whereby the appellant has been convicted for offence punishable U/s 307 of the I.P.C. and is awarded sentence of three (3) years rigorous imprisonment along with fine of Rs.1,000/-, in default to suffer rigorous imprisonment for six (6) months.
2. The background facts, as unfolded during the trial, may be stated in the following way:
Ruchi (P.W.8) a teenager School going girl at the relevant time, was attending 7th standard in St.Joseph High School, Jalgaon. Her parents reside in a locality called Patelnagar, whereas her maternal grand parents reside in a Bungalow situated in Shivram Nagar locality at Jalgaon. The appellant's residential house is in the neighbourhood of her maternal grand parents. Approximately one month before the incident, he had indulged in eve teasing to Madhuri a Schoolmate of Ruchi (P.W.8). Since some days before the incident, Ruchi was being sent to the School with domestic servant of her parents, namely, Abhay (P.W.13) to escort her up to the School and while returning home from the School. He use to follow her. As usual, on 8.3.1996, Ruchi was returning from the School around 1 p.m. She was proceeding on foot, whereas the domestic servant was following her with a bicycle in his hand. He too was on foot but had trailed behind by about 50/100 fts. While Ruchi was passing by road through Shivram Nagar area, the appellant came from her behind on a moped vehicle (Bajaj-M-80 brand). He stopped the moped vehicle, took a canister in his hand and went near Ruchi (P.W. 8). He flung liquid from that canister on Ruchi from her behind. She smelt of petrol and turned back. She noticed that the appellant was having a gas lighter in his hand. Apprehending danger to her life, she started running towards the bungalow of her grand parents. The appellant gave little chase to her and ultimately set fire to her person by means of the gas lighter. She attempted to extinguish the fire and somehow entered bungalow of her maternal grand father. By that time, one auto-rickshaw driver saw the incident and rushed there with cushion seat of his auto-rickshaw. He rubbed the back of Ruchi with that seat (cushion) and attempted to extinguish the fire. She immediately went to nearby water tap in the Courtyard of the bungalow and sat under the tap water. The appellant fled away from near the entrance of the bungalow. The injured School going girl was immediately rushed to a private Hospital of Dr.Arjun Bhangale (P.W.12). He found that she had sustained 30% burns on her face, left ear, back, chest, and both the upper limbs. He gave information to the concerned Police Station. He gave her medical treatment. In the same evening, statement of injured Ruchi, was recorded by the Police. The Police Officer drew a spot panchanama. The moped vehicle (Bajaj-M-80) bearing registration No.MVI-5822 was found lying on the public road. A small canister smelling of petrol and a cloth bag were also found at the spot. They were attached by the Police. On the basis of material gathered during course of investigation, the appellant was called upon to face the trial of the Sessions case.
3. A charge (Exh.30) was framed and was explained to the appellant. He pleaded not guilty to the charge. His defence was of simple denial. Alternative limb of the defence was that the appellant was suffering from mental illness at the relevant time and could have done the alleged act under spell of insanity.
4. At the trial, the prosecution examined in all sixteen (16) witnesses in support of its case. The prosecution also adduced certain documentary evidence. On behalf of the defence, D.W.1 Dr.Shrikant Joshi, a Psychiatrist was examined in support of the defence pertaining to plea of insanity. So also Dr.Prakash Rajaram Nemade (D.W.2) was examined in support of such plea. The learned Sessions Judge, repelled the plea of insanity
