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P. B. SURESH KUMAR, C. S. SUDHA
Reji Thomas @ Vayalar S/o Thomas – Appellant
Versus
State of Kerala – Respondent
JUDGMENT :
C.S. SUDHA, J.
1. This appeal under Section 374(2) Cr.P.C. by the accused in S.C. No. 182/2015 on the file of the Court of Session, Pathanamthitta, has been filed challenging the conviction entered and sentence passed against him for the offence punishable under Section 302 IPC.
2. The prosecution case as stated in the charge sheet is as follows:
3. Based on Ext.P1 FIS of PW1, Crime no. 1091/2014 of Koipuram police station alleging commission of the offence punishable under Section 302 IPC, that is, Ext.P8 FIR, was registered by PW16, the then Sub Inspector of the aforesaid station. PW17, the then Circle Inspector, Kozhencherry is the officer who conducted the investigation and submitted the charge-sheet before the court.
4. On the final report b
Section 335 Cr.P.C. gives two options to court to deal with persons who are acquitted on ground of mental unsoundness.
The judgment establishes the principle that legal insanity, as defined under Section 84 IPC, can exempt a person from criminal responsibility.
The court reaffirmed that the defence must prove insanity under Section 84 IPC, with established evidence supporting the accused's guilt of murder and assault.
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....
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 appellant's actions resulted from paranoid schizophrenia, rendering her incapable of understanding the nature of her act, thus entitling her to acquittal under Section 84 of IPC.
The prosecution must prove beyond reasonable doubt the mental capacity of the accused at the time of the offense to establish guilt.
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....
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