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1953 Supreme(Ker) 148
Judges : KOSHI,KUMARA PILLAI
Gopalakrishnan Nair - Appellant
Versus
State - Respondent
Case No : Crl. A. No. 117 of 1952
Decided On : 11/09/1953
Advocates Appeared :
K. G. Kunjukrishna Pillai; K. P. Alikunju; For Appellant . M. Kuruvillai; For State
The burden of proving recognized exceptions like insanity is on the accused, and it is essential to establish the accused's mental condition at the time of the act.
Headnote:
MURDER - Travancore Penal Code - S. 301 - The court discussed the defense of insanity under S. 84 of the Travancore Penal Code and emphasized the need to establish the accused's mental condition at the time of the act. The burden of proving the existence of circumstances bringing the case within the recognized exceptions like insanity is on the accused. The court found that the accused knew the nature of the act and that it was wrong and contrary to law, leading to the dismissal of the appeal.
Fact of the Case:
The appellant was convicted and sentenced for the murder of a student. The prosecution established that the appellant stabbed the victim, resulting in his death. The appellant pleaded insanity under S. 84 of the Travancore Penal Code.
Finding of the Court:
The court found that the evidence did not prove the accused's antecedent insanity and that the medical evidence as to subsequent insanity did not show legal insanity. The court also noted that the accused knew the nature of the act and that it was wrong and contrary to law.
Issues: The main issue was whether the accused was entitled to the defense of insanity under S. 84 of the Travancore Penal Code.
Ratio Decidendi: The court emphasized the need to establish the accused's mental condition at the time of the act and the burden of proving recognized exceptions like insanity. The court found that the accused knew the nature of the act and that it was wrong and contrary to law, leading to the dismissal of the appeal.
Final Decision: The appeal was dismissed, affirming the decision of the learned Additional Sessions Judge.
1. This is an appeal against a conviction and sentence for committing a murder. The appellant Raghavan Pillai Gopalakrishnan Nair (hereinafter referred to as the accused) was tried before the learned Additional Sessions Judge of Trivandrum for the Commission of an offence of murder, punishable under S. 301, Travancore Penal Code, in that he caused the death of one Jacob P. John, then a student of the junior Intermediate Class of the Intermediate College, Trivandrum, by a brutal attack on him with a pen-knife on the morning of 17.2.1950 when the said John was proceeding to the College along the main road in front of the accused's house. The occurrence was at about 9.15 A.M. and John sustained not less than seven incised wounds. As a result of those injuries he died at 2 P.M. on the same day while under treatment in the Trivandrum General Hospital. The learned judge held the trial with the aid of four assessors and three of them were of the opinion that the accused was not guilty. In legal parlance their opinion was that he was 'Guilty but insane'. The other assessor took the contrary view that the plea of insanity was not proved and that the accused was guilty of murder. The learned judge agreed with the minority opinion, found the accused guilty of murder punishable under S. 301 of the Travancore Penal Code and sentenced him to undergo rigorous imprisonment for life. The appeal is against the said conviction and sentence.
2. The learned Additional Sessions Judge has summarised the prosecution case as follows in the opening paragraph of his judgment:?
"The accused and the deceased were neighbours. The deceased Jacob P. John was a student in the junior Intermediate Class and the accused was an employee in the Telephone Department. On the morning of 17.2.1950, at about 9.15 A.M. the deceased started from his house for the College, along with a friend of his one Alexander Thomas. When they advanced a few yards on the road and reached near the Easwaravilasam junction the accused who was standing in front of his house came from behind and stabbed Jacob John. He raised a cry and fell down. His parents and others came out to the road where they saw the boy in a pool of blood. The injured boy was at once removed in a car to the Cantonment Police Station and from there he was taken to the General Hospital for medical aid, Jacob John died at about 2 P.M. in the General Hospital. The Police registered a case against the accused and charged him before the local Magistrate for murder. A preliminary enquiry was conducted by the Magistrate and the prisoner has been committed to this Court to stand his trial for murder."
There is ample evidence in the case to establish beyond doubt that Jacob P. John died at 2 PM on 17.2.1950 as a result of the injuries he sustained on the morning of that day at the hands of the accused. Not long after John left his house for the college in the company of PW. 9, John's father (PW.1) heard a cry from the main Road in front of their house and when he came out into the road hurriedly he saw his son lying wounded on the road side and the accused leaving the place after inflicting one stab. PWs. 2 and 4 are two neighbouring shopkeepers who heard a cry from the road while they are opening their shops and when they turned round they saw John lying wounded on the road and they also saw the accused inflicting five or six stabs on John with a pen-knife. PW. 9 and John usually used to go to the college together and on that day when the attack was made PW. 9 was along with John, but he took to his heels the amount he saw the assailant aim a stab on John from behind. He was not able to identify the assailant. PW. 3 came to the scene of the occurrence hearing the victim's cries. He saw the accused going away to his house from the place but he did not see any stabbing. PW. 5 had seen the accused standing at his (the latter's) gate some time prior to the occurrence at about 9 am. To connect the appellant with the occ
