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Judges : K.SANKARAN,ANNA CHANDY
Unniri Kannan - Appellant
Versus
State - Respondent
Case No : Crl. A. No. 411 of 1958
Decided On : 07/22/1959
Advocates Appeared :
U. Mahadev Kannanganath; For Appellant Public Prosecutor; For State
Insanity - Criminal Act - S.84, I. P. C. - Modi's description of epileptic insanity - [S.C. 32 of 1958 of the Tellicherry Sessions Court] - [S.302 I. P. C.] - [S.84, I. P. C.] - The court discussed the nature of epileptic insanity as described by Modi and its characteristics, and how it applies to the accused's actions. The absence of motive, the nature and multiplicity of the weapons used, the duration of the attack, and the accused's subsequent conduct were all considered as indications of the accused acting under some insane impulse. The court found that the accused's act is saved by S.84, I. P. C. from constituting an offence and acquitted the accused.
Fact of the Case:
The accused was convicted under S.302 I. P. C. for causing the death of his mother by inflicting multiple injuries. The accused pleaded ignorance and insanity, citing his epileptic fits as a defense.
Finding of the Court:
The court found that the accused caused the death of his mother but acquitted him based on S.84, I. P. C., as his act was saved from constituting an offence.
Issues: The main issue was whether the plea of insanity could be sustained, considering the accused's history of epileptic fits and the nature of the attack on his mother.
Ratio Decidendi: The court considered the nature of epileptic insanity as described by Modi, the absence of motive, the nature and multiplicity of the weapons used, the duration of the attack, and the accused's subsequent conduct as indications of the accused acting under some insane impulse. Based on this, the court found that the accused's act is saved by S.84, I. P. C. from constituting an offence.
Final Decision: The accused was acquitted based on S.84, I. P. C., but was directed to be detained in safe custody in the Cannanore Central Jail.
1. The accused in S.C. 32 of 1958 of the Tellicherry Sessions Court is the appellant. He has been convicted under S.302 I. P. C., and sentenced to rigorous imprisonment for life for causing the death of his mother by inflicting multiple injuries.
2. The accused Kannan aged 45 and his mother Perukkachi aged 70 were living in a house by the side of the road opposite to the Cannanore Central Jail. The unmarried accused and his mother were the only occupants of the house. At about 4 P. M. on 29.7.1958 the accused who had been away since morning returned home. At 7 P. M. his mother went out to the nearby tea-shop and purchased a glass of tea which she took home. It appears that the accused used frequently to quarrel with his mother over the quality of food she used to serve him. At about 7.30 P. M., P.W. 2 a cousin of the accused living in a house close by heard a commotion in the accused's house. She heard Perukkachi crying out that she was being killed and the accused replying that she deserves something more than killing. She rushed up but when she neared the well on the northern side of the accused's house the accused opening the front door came out and scared her away saying that he would finish off any one coming near. He went back into the house and closed the door. The old woman continued to cry out. The commotion attracted the neighbours as well as the people walking along the public road nearby. They heard the woman pleading with her son not to kill his old mother, but all of them were frightened to enter the building. Soon the woman's cries ceased. Then the accused opened the front door and came out wearing a white banion and a pair of kakki shorts both spattered with blood. He walked away to the north of the house. Those gathered in front of the house could see through the open door the woman lying in the verandah inside the house. Pw.1, the local Amsom Menon, who was one of those who had gathered there went to the Cannanore Police and lodged the first in for nation. His statement is Ext. P-1. The Sub-Inspector of Police. Pw.10 with some constables rushed to the scene. They found the accused sitting in the compound on the northern side of the house. He was arrested on the spot. The dead body of Pirukkachi was sent to the Cannanore District Hospital. After due investigation the case was charge-sheeted.
3. The accused in his statement before the committing Magistrate pleaded ignorance of the whole matter and said that he was not present in his house at that time. Before the trial court he stated that when he returned home that evening he found his cousin one Kannan in his house and that he does not know when Kannan left. He further stated that he used to get epileptic fits and he does not remember anything that happened.
4. That Perukkachi was injured and found dead at about 8 P. M. on 29-7-1958 on the verandah of her house is not disputed. Pws.1, 3 and 4 saw her lying dead with injuries. Ext. P-8 is the inquest report. Ext. P-4 is the post-mortem certificate. Pw. 8 the Civil Assistant Surgeon who conducted the autopsy says that he noted the following injuries:
"1. An incised wound on the chin more to the right 21/2" x 1/2" bonedeep. Mandible has been cut and completely fractured at that site.
2. Incised wound on the centre of forehead about 11/2" x 1/2" Crack-fracture of the skull underneath 71/2" in length.
3. Incised wound 1" x 1/4" x 1/8" just above the left eye-brow perpendicular to it. 4 Incised wound about 1" x 1/2" bone deep on the lateral end of the left eye-brow
5. Incised wound 1/2" x 1/4" on the left cheek bone prominence.
6. Two abrasions each about 1/4" x 1/4" in front of the left ear.
7. Incised wound in the middle of the pinna of the left ear cutting the pinna into two.
8. Incised wound about 1" x 1/4" x 1/2" just in front of the right ear.
9. Abrasion 1/2" x 1/2" below the right eye
10. Contusion over the right angle of the mandible about 2" x 2" Dark blood clots underneath & fracture of the mandible pre
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