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2007(1) C.G.L.J. 249
HIGH COURT OF CHHATTISGARH, BILASPUR
DR. Deshmukh, J.
SUKHLAL - Appellant
Vs.
STATE OF D.O. - Respondent
Criminal Appeal No. 100 of 2006
Decided on : 6-4-2006.
Unsound Mind - Criminal Assault - Section-307 of IPC - Section-84 of IPC - Section-320 of IPC - Section-324 of IPC - Section-326 of IPC - Section-328 of Cr.P.C
Fact of the Case:
The appellant was convicted under Section-307 of IPC for assaulting a boy with an iron weight, causing grievous injuries. The appellant claimed unsoundness of mind at the time of the offense, but failed to prove it. The court considered medical reports and witness testimonies to establish the appellant's mental state at the time of the crime.
Finding of the Court:
The court found that the appellant failed to establish legal unsoundness of mind at the time of the offense, as required under Section-84 of IPC. The evidence showed that the appellant behaved normally before and after the assault, and the mere fact of undergoing mental treatment did not prove legal insanity. The court also concluded that the injuries inflicted by the appellant indicated an intention to cause death, justifying the conviction under Section-307 of IPC.
Issues: The key issues were the appellant's mental state at the time of the offense, the severity of the injuries inflicted, and the presence of mens rea for the assault.
Ratio Decidendi: The crucial point of time for establishing unsoundness of mind is when the crime is committed. The burden of proving legal insanity lies on the accused, and medical insanity must be distinguished from legal insanity. The absence of mens rea does not dilute the gravity of the offense, and the intention to cause harm can be inferred from the nature of the injuries and the weapon used.
Final Decision: The court upheld the conviction under Section-307 of IPC and the sentence, dismissing the appeal.
1. This appeal is directed against the judgment dated 10-01-2006 delivered by Shri A.K.Pradhan, learned Additional Sessions Judge, Sakti, District-Bilaspur in Sessions Case No. 116/2005 whereby the appellant was convicted under Section-307 of IPC and sentenced to undergo rigorous imprisonment for 5 years and fine of Rs.5,000/- and in default to undergo additional rigorous imprisonment for 5 months.
2. The factual matrix of the case is that on 03-05-2004 the appellant was present in the grocery shop in Village-Tushar, Police Station-Jaijaipur, District-Janjgir Champa along with his daughter aged about 11 years. Ajay Kumar Chandra PW-1, a boy aged about 11 years came there at about 05.45 A.M. for purchasing 250 grams of sugar. The appellant after weighing the sugar worth Rs.4.50 delivered it to Ajay Kumar PW-1 who paid Rs.5/- to the appellant. Since the appellant did not have change, Ajay Kumar asked for a gutka pouch. Upon this, the appellant suddenly got enraged, pushed Ajay Kumar on the ground and lifting an iron weight (Batt) of 5 K.G. hit him near the right ear and also on the left side of the head. Ajay Kumar Chandra became unconscious.
3. Khuburam Chandra PW-2, grandfather and Man Kumari PW-3, sister of Ajay Kumar Chandra, Bahartin Bai PW-4, Savitri Bai PW-5, mother of the appellant assembled on hearing shouts. Khuburam Chandra PW-2 immediately lodged F.I.R. in P.S.-Jaijaipur situated about 5 KM. from the place of occurrence vide Ex.P-2. Dr. K.L.Uraon, Medical Officer, Primary Health Centre, Jaijaipur, PW-6 examined Ajay Kumar at 07.45 A.M. on the same day and found him to be in a semi-conscious condition with history of vomiting. He found the following injuries -
(A) One long contusion with laceration and bleeding on the middle of right external ear 6” x 1" placed 1" away from the right angle of mouth to the middle of Right external ear caused by hard and blunt object.
(B) One lacerated wound deep to scalp bone with bleeding 1 ½” x ½” x ½” on the left posto parietal region of scalp caused by hard and blunt object.
4. Ajay Kumar Chandra PW-l was referred to surgical specialist and E.N.T. specialist for expert opinion at the District Hospital, Janjgir-Champa. Dr. K.L.Uraon PW-6 management.
5. Ajay Kumar Chandra PW-1 was shifted in an unconscious state to Chhattisgarh Institute of Medical Science, Bilaspur (C.I.M.S.) at 02.05 P.M. by Khuburam Chandra PW-2. He was immediately put on life saving drugs and I.V. Fluid and treatment was given. On 03-05-2004 Ajay Kumar Chandra did not regain consciousness and he had 3 to 4 episodes of vomiting along with convulsions. On 04-05-2004, C.T.Scan of head was done which revealed vide report Ex.P-19(A) Cerebral parenchyma showing small extra dural hametoma at left parietal, superiorly. Till 06-05-2004 Ajay Kumar Chandra did not regain consciousness and was restless. He was semi-conscious on 07-05-2004 & 08-05-2004 but was restless. For the first time on 09-05-2004 Ajay Kumar Chandra regained consciousness and this health status continued till 12th & 13-05-2004. On 13-05-2004 Ajay Kumar Chandra was discharged from the hospital on request. Upon discharge, the history of the injury was given as head injury due to assault by Batt on 03-05-2004. On the date of incident on being produced by the appellant an iron weight of 5 K.G. was seized vide Ex.P-14. On 03-05-2004, Plain soil and blood stained soil were also seized from the place of occurrence vide Ex.P-13 and sent to the Forensic Science Laboratory, Raipur for examination. Vide report dated 30-10-2004, presence of blood on the iron weight of 5 K.G. Article-C and blood stained soil was confirmed.
6. In reply to a query, Dr.K.L.Uraon PW-6 opined vide Ex.P-5 that the injury sustained by Ajay Kumar Chandra could be caused by the iron weight seized from the appellant. He further opined that if immediate treatment was not given, death of Ajay Kumar Chandra was possible. After completion of investigation, the appellant was prosecuted und
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