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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
Prasanna B Varale, S.M. Modak, JJ.
Janardan @ Shankar Tukaram Baing - Appellant
Versus
State Of Maharashtra - Respondent
Criminal Appeal No. 212 of 2013
Decided On : 31-03-2021
Unsound Mind - Criminal Appeal - Sections 302, 307 of IPC - Summary of Acts and Sections: The court discussed the evidence and submissions related to the defense of insanity under Section 84 of the IPC. The court rejected the defense of insanity raised by the appellant, concluding that the evidence did not support the claim that the accused was of unsound mind at the time of the incident. The court also considered the appellant's behavior after arrest, the absence of evidence of prior mental illness, and the lack of medical records to support the claim. The court found merit in the submission that the offense did not fall under Section 302 of IPC but under Section 304(II) due to the accused's depression and the spur-of-the-moment attack. The appellant's sentence was altered to rigorous imprisonment for 10 years under Section 304(II) of the IPC.
Fact of the Case:
The case involved the appellant's conviction for offenses under Sections 302 and 307 of the Indian Penal Code (IPC) for an incident where the appellant attacked two individuals, resulting in the death of one and injuries to the other. The prosecution presented evidence from witnesses, medical reports, and material seized during the investigation. The appellant raised a defense of insanity, claiming to have suffered from mental illness for the past two years.
Finding of the Court:
The court rejected the defense of insanity, concluding that the evidence did not support the claim that the accused was of unsound mind at the time of the incident. The court found merit in the submission that the offense did not fall under Section 302 of IPC but under Section 304(II) due to the accused's depression and the spur-of-the-moment attack. The appellant's sentence was altered to rigorous imprisonment for 10 years under Section 304(II) of the IPC.
Issues: The main issue was the defense of insanity raised by the appellant, which the court rejected after considering the evidence and submissions. The court also addressed the appropriate section of the IPC under which the offense fell, ultimately altering the appellant's sentence.
Ratio Decidendi: The court's decision was based on the lack of evidence to support the claim of the accused being of unsound mind at the time of the incident, as well as the spur-of-the-moment nature of the attack. The court found merit in the submission that the offense did not fall under Section 302 of IPC but under Section 304(II) due to the accused's depression and the spur-of-the-moment attack.
Final Decision: The appellant's sentence was altered to rigorous imprisonment for 10 years under Section 304(II) of the IPC. The rest of the trial court's order was maintained, and the appellant was granted set off for the period already undergone.
JUDGMENT
Prasanna B. Varale, J. - Being aggrieved by the judgment and order passed by the Additional Sessions Judge, Ratnagiri in Sessions Case No. 27 of 2011, dated 28th February, 2012, whereby Appellant herein was convicted for the offences punishable under Sections 302 and 307 of the Indian Penal Code (for short "IPC"), the present criminal appeal is preferred by the Appellant - Accused.
2. The case of prosecution is reflected through the first information report lodged at the instance of Jagannath Dhaku Baing (PW 1). Informant - Jagannath (PW 1) is resident of Tervan, Baingwadi, Tq. Rajapur with his family members namely, his mother Sarasvati, father Dhaku Dharmaji Baing, wife Jyotsana, and sons Suraj, Saurabh and Sahil. Jagannath (PW 1). He is serving in Mumbai and frequently visiting to his native place situated at Baingwadi. His aunt Kashibai is his next door neigbour and she resides with her daughter Shalini. Son of Kashibai namely, Prakash Bhalchandra Baing is also serving at Mumbai and stays at Mumbai with his family. The cousin brother Anant Baing is neighbour of Kashibai and his brother Janardan @ Shankar Baing whose marriage was solemnized in the year 2008 also stays at Mumbai with his wife and he is also frequently visiting to his native place. On 04.05.2011 Janardan had visited his native place on account of vacation. Janardan is not having any issue so far and he is carrying grudge against his aunt Kashibai and cousin sister Shalini on a suspicion that both of them are indulged in the act of black magic (Devdevaski) and as such he is issue-less till date. On this count, the relations between Janardan and Kashibai are strained.
3. On 10.05.2011 at about 09.30 pm Jagannath was proceeding to attend 'Haldi function' and a ceremony of erecting pendol
son of Balkrishna Sonu Baing at that time cousin sister Shalini was washing utensils in the bathroom placed in the courtyard. Due to the burning electricity lamp Jagannath could see Shalini washing utensils in the courtyard. After going for some distance he heard hue and cry of Kashibai. Then he immediately rushed to the spot to see what happened and found that Janardan @ Shankar Baing was hitting Shalini on her head forcibly by bamboo stick. When his aunt Kashibai rushed to save Shalini from the attack of Janardan, Janardan gave forcible blow on the head of Kashibai. Witnessing this incident Jagannath immediately intervened and made an attempt to snatch away Janardan. He found that blood was oozing from the head of Shalini as well as his aunt Kahibai. Till that time sarpanch of village Balkrushna Sonu Baing, Police patil Gajanan Ratnu Baing, Ramchandra Punaji Baing, Santosh Devu Baing, Chandrakant Sonu Baing and some other residents gathered there. On inquiry, Kashibai told them that after finishing the dinner she and Shalini were washing utensils in the courtyard and they were chit-chatting. At that time, accused Janardan picked up the quarrel with Shalini and Kashibai asking them as to why they are indulged in the act of black magic for making him issue-less and why they were gossiping against him. Shalini replied to Janardan that they were not talking about him but they were discussing their own family issue. Janardan was not in mood to pay any heed to the explanation of Shalini and he started assaulting on Shalini by giving blows on her head with a bamboo stick. Shalini was lying unconscious. Residents in the locality namely, Balkrushna Sonu Baing, Gajanan Ratnu Baing, Ramchandra Punaji Baing, Santosh Devu Baing, Chandrakant Sonu Bain arranged for a auto rickshaw of one Dattaram Keshav Neman to shift Shalini in the hospital. Another rickshaw of one Kiran Baing was arranged to shift Kashibai in the hospital. Both of them were shifted to Rural Hospital, Rajapur.
4. At about 10.45 pm, on examination of Shalini the medical officer present there declared her dead and by providi
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