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IN THE HIGH COURT OF GAUHATI, ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH AT ITANAGAR BENCH
KALYAN RAI SURANA, MRIDUL KUMAR KALITA
Obit Biku S/o Late Tada Biku – Appellant
Versus
State of A.P. – Respondent
| Table of Content |
|---|
| 1. right to appeal and representation. (Para 1 , 2) |
| 2. facts surrounding the incident. (Para 3 , 5 , 6 , 7 , 8 , 9 , 10) |
| 3. procedure and treatment of witnesses. (Para 4 , 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23 , 24) |
| 4. admissibility and adequacy of evidence. (Para 74 , 76 , 77) |
| 5. discussion on the insanity defense and burden of proof. (Para 84 , 87 , 94) |
| 6. acquittal and further actions to be taken. (Para 105 , 107) |
| 7. final ruling and order for mental health assessment. (Para 106) |
JUDGMENT :
MRIDUL KUMAR KALITA, J.
1. Heard Mr. L. Perme, the learned counsel for the appellant. Also heard Ms. L. Hage, the learned Additional Public Prosecutor, as well as Mr. J. Gao, the learned counsel for the respondent No. 7.
2. This appeal under Section 374 (1) of the Code of Criminal Procedure, 1973, has been filed by the appellant, Obit Biku, on behalf of the convict, Tayum Biku, who has been convicted by the Court of the learned Sessions Judge, East Siang: Siang: Upper Siang and Lower Siang Districts at Pasighat, in Pasighat Sessions Case No. 286/2013.
3. By the impugned judgment, Shri Tayum Biku, has been convicted under Section 302 /326/447 of the INDIAN PENAL CODE , 1860. Under Section
A criminal defendant may be acquitted if proven to be of unsound mind during the commission of an offense, highlighting the necessity for thorough psychiatric evaluation in criminal cases.
The duty of the Investigating Officer to subject the accused to immediate medical examination and place the evidence before the court in cases of suspected mental illness, and the importance of provi....
An accused can be exonerated if not aware of wrongfulness due to unsoundness of mind, requiring examination of circumstantial behavior surrounding the crime.
The judgment establishes that the burden of proof for insanity lies with the accused, but a history of mental illness can create reasonable doubt, leading to acquittal.
There was no eye witness as to actual assault on body of deceased which lead to her death and as such, it can be said that conviction of appellant is based on circumstantial evidence.
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 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 for a defense of insanity under IPC Section 84 lies with the accused, and sufficient evidence must demonstrate unsoundness of mind at the time of the offense.
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 ....
If accused was not able to establish conclusively that he was insane at time he committed offence, evidence placed before Court by accused or by prosecution may raise a reasonable doubt in mind of Co....
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