Back
High Court Of Calcutta
Debi Prasad Sengupta, Arun Kumar Bhattacharya
BABURAM MAHALI - Appellant
Versus
STATE OF WEST BENGAL - Respondent
C. R. A. 228 Of 1997
Decided On : 07/22/2005
CRIMINAL APPEAL - MURDER - INSANITY - SECTION 84 IPC - BURDEN OF PROOF - LEGAL INSANITY - ABSENCE OF MOTIVE - ACQUITTAL.
Fact of the Case:
The appellant was convicted of murder and causing grievous hurt by a sessions court. The prosecution case was that the appellant had assaulted the victim's wife and daughter with a stick and a stone, resulting in the daughter's death and the wife's injuries. The defense contended that the appellant was suffering from insanity at the time of the incident and was therefore not responsible for his actions.
Finding of the Court:
The court found that the appellant was suffering from mental unsoundness at the time of the incident and was therefore incapable of knowing the nature of his acts. The court relied on the evidence of the prosecution witnesses, the subsequent conduct of the appellant, and the surrounding circumstances, including the absence of motive, to conclude that the appellant was legally insane.
Issues: 1. Whether the appellant was suffering from insanity at the time of the incident. 2. Whether the appellant was capable of knowing the nature of his acts. 3. Whether the appellant was entitled to the benefit of section 84 IPC.
Ratio Decidendi: 1. The burden of proof to prove insanity is on the accused. 2. Every type of insanity is not legal insanity unless the cognitive faculty of mind is destroyed as a result of unsoundness to such an extent as to render one incapable of knowing the nature of his act or that what he is doing is wrong or contrary to law. 3. The absence of motive assumes not only unusual importance but also crucial importance in a case where a child aged about two years was murdered and her mother was assaulted without any reason.
Final Decision: The court allowed the appeal, set aside the conviction and sentence passed by the sessions court, and acquitted the appellant.
( 1 ) THE present appeal is directed against the judgment and order of conviction and sentence passed by the learned additional Sessions Judge. Jalpaiguri in Sessions Case No. 26 of 1996 on 02. 06. 97.
( 2 ) A thumbnail sketch of the Prosecution case is that on 13. 06. 93 at about 11. 00 a. m. when the defacto complainant's wife Kaushila mahali (P. W. 7) with her minor daughter Sakita, aged about two years, on back was returning from river Leesh, accused Baburam Mahali suddenly started assaulting the said child with a lathi, for which his wife fell down and then the accused assaulted the child with a stone resulting in her death on the spot and injury of his wife. The people nearby rushed to the P. O. , caught the accused. The injured wife was removed to Garden Hospital where she was admitted. Hence, the accused was charged under sections 325/302 IPC.
( 3 ) THE defence case, as suggested to P. W. s and as contended by the accused during his examination under section 313 Cr PC, is that no such incident took place. While Kaushila was crossing the river, she with her daughter fell down on the bolder of the river, for which she and her daughter sustained injuries and her daughter ultimately died on account of the said injuries.
( 4 ) 12 witnesses were examined on behalf of the prosecution, while none was examined on behalf of the defence, and after considering the facts, circumstances and materials on record, the learned Court below found accused guilty under sections 302/324 IPC, convicted him thereunder and sentenced him to suffer imprisonment for life and rigorous imprisonment for two years and to pay fine of Rs. 2000/- i. d. to r. I. for six months respectively.
( 5 ) BEING aggrieved by and dissatisfied with the said order of conviction and sentence, the accused has preferred the present appeal.
( 6 ) ALL that now requires to be considered is whether the learned court below was justified in passing the above order of conviction and sentence.
( 7 ) THE vital witnesses in this case are P. Ws. 3, 4, 6 to 8, who are eyewitnesses, P. W. 10 (P. M. doctor) and P. W. 11 (I. O.), others being formal or post occurrence witnesses.
( 8 ) ACCORDING to the evidence of P. W. 1, about 41/2 back on one Sunday after returning from market he saw the dead body of his daughter Sakita in his house and thereafter he went to hospital and found his wife kaushlla (P. W. 7), who was not in a position to speak, in injured condition on her head. He came to learn from his neighbours Dhuri (P. W. 3), chunia (P. W. 4) and Anil (P. W. 5) that accused Baburam killed his daughter and injured his wife with lathi and stone. Bandhan (P. W. 2)scribed the FIR, according to his statement and he put L. T. I. , thereon. Subsequently police came and saw the dead body of his daughter. P. W. 2 after return from the market on 13. 06. 93 at about 12/12. 30 p. m. came to learn from the members of his family regarding admission of Feku's wife in the hospital and murder of his daughter by Baburam. He went to the house of Feku (P. W. 1), found the dead body of his daughter and came to learn from the members of his own family that the person who assaulted the wife and daughter of Feku was tied. He went to the field, found Baburam tied with a tree and asked him as to why he committed the offence, to which he gave no reply and started crying. He further learnt that while the wife (P. W. 7) and daughter of Feku were returning, home, Baburam assaulted them.
( 9 ) P. W. 7 deposed that about 4 years back, on one Sunday at about 11. 00. a. m. while she was returning to house from river Leesh with her minor daughter Sakita, aged about two years, on her back, suddenly baburam came there and started assaulting her daughter with a lathi and when the lathi was broken, he assaulted her and also her daughter with a stone (Mat Ext. 1), for which she sustained injury on her head and became unconscious. She regained sense at the hospital and came to learn that her
AI
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
