Voluntariness of judicial confession and establishment of mental ailment as a defense under the general exception of legal insanity.

JUDGMENT

Joymalya Bagchi, J. - The appeal is directed against the judgment and order dated 09.03.2004 passed by the learned Additional Sessions Judge, 5th Fast Track Court, Calcutta in connection with Sessions Trial no. 1(4) of 2003 arising out of Sessions Case No. 22/2003 convicting the appellant for commission of offence punishable under Section 302 and sentencing him to suffer rigorous imprisonment for life and to pay a fine of Rs. 5,000/- (Rupees Five Thousand only) in default to undergo simple imprisonment for three more months.

2. This is a case of matricide. In the early hours of 06.10.2002 it is alleged that the appellant had hit his mother on the head with a kitchen grinding stone resulting in instantaneous death. His wife, Safia Begum, PW-3 found the appellant standing in the bedroom of her mother-in-law with a blood stained kitchen grinding stone. Her mother-in-law was lying on the floor. Blood was oozing out from her ears. Appellant threatened her not to raise alarm. Around 6.15 hours, an unknown person made a phone call at Bowbazar Police Station stating that an assault had taken place at 33, Harinbari Lane, Kolkata - 73.

3. PW-9, Mahadeb Singha Roy, who was posted therein as S.I. of police diarised the incident and proceeded to the spot. He recorded the statement of PW-3, which was treated as the FIR. Appellant was arrested and the weapon of offence was also seized from the spot. In the meantime, relations were informed and PW-6, son-in-law of the deceased rushed to the spot. Appellant admitted his guilt before his brother-in-law, PW-6. During investigation, appellant also made a judicial confession before the Magistrate under Section 164 of the Code of Criminal Procedure. Charge sheet was filed against him and charge was framed under Section 302 of the Indian Penal Code. Appellant pleaded not guilty and claimed to be tried.

4. In the course of trial, prosecution examined 13 witnesses and exhibited a number of documents. In conclusion of trial, the trial Court by judgment and order dated 09.03.2004 convicted and sentenced the appellant as aforesaid.

5. Defence of the appellant was one of innocence and false implication. A faint plea was also taken that the appellant was suffering from mental ailments.

6. Mr. Suman De, learned lawyer appearing on behalf of the appellant argues that the prosecution case suffers from various inconsistencies and improbabilities. Motive to commit crime has not been proved. Evidence has come on record that appellant was suffering from mental ailments. It is possible that he committed the incident while he was suffering from a bout of insanity. It is also argued FSL report did not show presence of human blood on the kitchen grinding stone. Hence, it cannot be said to be the weapon of offence. Judicial confession made by the appellant was recorded in Bengali although he is a Hindi speaking person. The appellant claimed that he had been coerced by the police to make the confession. Hence, it is of little evidentiary value. Thus, the appellant is entitled to an order of acquittal.

7. On the other hand, learned lawyer for the State submits that the evidence on record, particularly that of his wife, PW-3 show that the relationship between the appellant and his mother was strained over money matters. The appellant was found standing with a blood stained kitchen grinding stone in the room where the deceased was lying with blood injuries.

8. He made extra judicial confession before PW-6 and also admitted his guilt before the Magistrate. The appellant was actively pursuing business and family life and there is no evidence that he was suffering from any mental illness at the time of occurrence. Hence, the appeal is liable to be dismissed.

9. PW-3 is the wife of the appellant. She deposed that she married the appellant in 2002 and they were residing in a rented flat with her mother-in- law, the deceased, in the first floor of 33, Harinbari lane, Kolkata - 73. They used to stay in one room while her mother