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BOMBAY HIGH COURT
S.S. Shinde and A.S. Gadkari, JJ.
Sagar Dwarkanath Patil —Appellant
versus
State of Maharashtra —Respondent
Criminal Appeal No.1357 of 2012
Decided on 4.12.2018
Advocates:
Counsel for the Parties:
For the Appellant:Mr. Sachin Deokar I/b Mr. Abhijeet Kandarkar, Advocate
For the Respondent: Ms. S.V. Sonawane, APP
Counsel for the Parties:
For the Appellant:Mr. Sachin Deokar I/b Mr. Abhijeet Kandarkar, Advocate
For the Respondent: Ms. S.V. Sonawane, APP
IMPORTANT POINT
Accused has only to establish his defence on a preponderance of probability.
Headnote:Indian Penal Code, 1860—Section 302 read with Section 84—Murder—Life sentence—Mental insanity of accused—Accused has only to establish his defence on a preponderance of probability—Though Investigating Officer has got appellant examined through a Psychiatrist he has failed to produce on record result of same—It creates serious infirmity in prosecution case and benefit of doubt has to be given to appellant—Appellant acquitted of charge framed against him. (Paras 8, 14 and 15)
Result: Appeal allowed.
Sagar Dwarkanath Patil VS State of Maharashtra
