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IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD
RAJNISH R.VYAS
Shivaji Rama Kamble – Appellant
Versus
State of Maharashtra, through Police Inspector, Police Station Pimpalner, Tq. & Dist. Beed – Respondent
JUDGMENT :
RAJNISH R. VYAS, J.
1. Heard Mr Thombre, learned Advocate (appointed) for the appellant and the learned APP for the respondent/State.
2. Challenge in this appeal to the judgment dated 03-01-2018 passed by the Additional Sessions Judge, Beed in Sessions Case No. 89/2016 by which the accused was convicted for the commission of offences punishable under Sections 304 Part-I of the Indian Penal Code, 1860 [in short ‘IPC’] and directed to suffer rigorous imprisonment for 10 years and to pay a fine of Rs. 500/-. In default, the accused was directed to suffer rigorous imprisonment for 15 days.
3. In short, it is the case of the prosecution that on 30-04- 2016, when the informant/PW-1, who was the father of the accused, was sitting in front of his house, the accused questioned him as to why he was chewing tobacco and assaulted him by stick on the leg. At which time, mother-in-law of PW-1/grand mother of the accused scolded the accused and then accused brought the axe from the house and assaulted the grand-mother on the head due to which she fell in pool of the blood.
4. This incident led to the initiation of criminal proceedings, but not to the immediate registration of the First Info
Insanity defence under Section 84 rejected absent proof of legal incapacity at offence time; conviction under Section 304 Part I upheld on complete circumstantial chain establishing guilt beyond reas....
The crucial point of time for ascertaining the state of mind of the accused is the time when the offense was committed. The accused failed to establish unsoundness of mind at that time, and the injur....
The burden of proof in cases of plea of insanity rests on the accused, and the crucial point of time for ascertaining the state of mind of the accused is the time when the offense was committed. The ....
The main legal point established in the judgment is the reliance on the sole eyewitness testimony, corroborative evidence, and the applicability of Section 27 of the Indian Evidence Act in confirming....
Insanity defense requires clear evidence of incapacity to understand the act or its wrongfulness; mere claims of mental illness are insufficient to negate criminal responsibility.
The plea of insanity requires substantial proof to demonstrate that the accused was incapable of knowing the nature of the act or its wrongfulness at the time of the offence.
The burden of proof on the defense regarding the plea of insanity under Section 84 of the IPC and the requirement for establishing legal insanity.
The burden of proving unsoundness of mind as a defence lies with the accused, and must be established at the time of the offence, which was not satisfied in this case.
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