IMPORTANT POINT
Was affected with bi-polar disorder with psychotic features and thinking of such patient is unpredictable and the patient would not be knowing the nature of the acts done by him would prove the unsoundness of mind of the accused. So having considered the facts and circumstances we hold that at the time of occurrence the accused was of unsound mind and due to that, he was incapable of knowing the nature of the acts done by him. Hence he is entitled for the benefit under Sec.84 IPC.

JUDGMENT :

M.R. Anitha, J.

1. Appellant is the sole accused in S.C. No.396/2009 on the files of Additional Sessions Judge-III, Pathanamthitta. By the impugned judgment, the learned Addl. Sessions Judge convicted the appellant/accused under Section 302 IPC and sentenced him to undergo imprisonment for life and to pay a fine of Rs.1,00,000/-(Rupees one lakh only) in default to undergo rigorous imprisonment for six months.

2. Prosecution case can be summarized as follows:-

Deceased Anukuttan was the nephew of the appellant/accused. On the fateful day on 08.08.2005 at about 6.30 p.m. while Anukuttan was going along with PW4, accused called him and took him by holding his hand After that he struck his head on the road by holding the leg. On the immediate next day at 4.50 am he succumbed to the injuries. Thereby, appellant committed the offence aforementioned.

3. Immediately after the incident he was taken in the autorickshaw of PW7 to Kuttoor taxi stand, thereafter to Pushpagiri Hospital. PW2 who was the Casualty Medical Officer at Pushpagiri Medical College, Thiruvalla examined him and issued Ext.P2 wound certificate. Thereafter, PW4 lodged the FIS which is marked as Ext.P4. PW10, the Assistant Professor of Forensic Medicine, Medical College Hospital, Kottayam conducted postmortem on the body of the deceased boy. PW11 took charge of the investigation on 08.08.2005 and arrested the accused on 25.08.2005. PW12 who is the successor of PW11, Circle Inspector, Thiruvalla continued the investigation from 22.09.2005 onwards and verified the records and filed the charge.

4. On the side of prosecution PWs 1 to 12 were examined and Exts.P1 to P20 were marked. MOs 1 to 6 were also identified and marked.

5. On questioning under Section 313(1)(b) Cr.P.C., appellant/accused denied all the incriminating facts and circumstances put to him. He also stated that for long time he had been suffering from mental illness and undergoing treatment at Medical College Hospital and he has no memory. DWs 1 to 10 examined and Exts.D1 to D4 marked on the side of defence. Thereafter, on hearing both sides, the court below found the appellant/accused guilty under Section 302 IPC and convicted and sentenced him thereunder.

6. Assailing the conviction and sentence passed by the court below appellant/accused came up before this court. The learned counsel for the accused Sri. Dinesh Mathew Murikkan fairly conceded the act committed by the accused. The challenge is on the rejection of plea of insanity under Section 84 IPC.

7. The evidence of PW2-the doctor, who examined the boy at Pushpagiri Medical College Hospital Casualty would prove that “the boy was brought in with the history of “fall from the hands of his paternal uncle at 6.15 p.m. today”. He noted multiple severe diffused head injury with multiple skull fracture with haemorrhage contusions and cerebral oedema. Seeing the condition as critical, he was referred to surgery and neuro surgery departments of the same hospital (Pushpagiri Medical College, Thiruvalla). Ext.P2 is the wound certificate issued by him. On the subsequent day the boy succumbed to the injuries.

8. PW10 was the Assistant Professor of Forensic Medicine, Government Medical College Hospital, Kottayam. He examined the body of the deceased and issued Ext.P10 postmortem certificate. Ante-morterm injuries noted therein are as follows:

“(1) Lacerated wound 1x0.5cm bone deep on the middle of forehead 3.5cm above root of nose.

(2) Multiple small abrasions over an area 4.5x2cm on the right side of forehead 1.5cm outer to midline and 0.5cm above eyebrow.

(3) Three lacerated wounds 0.5x0.3cm, 0.5x0.5cm and 1x0.5 cm bone deep. One below the other, almost in a straight line each 1.5cm apart on the left side of top of head, the lower one 6.5 cm above ear. The scalp hair surrounding the wound was shaven.

On dissection the scalp tissue was contused 9x6x1cm corresponding to injury 1 and 2 and 10x8 cm involving its whole thickness corresponding to injury No.3. The left tempo