Back
IN THE HIGH COURT OF KERALA AT ERNAKULAM
P.B.Suresh Kumar, C.S.Sudha
Premachandran – Appellant
Versus
State of Kerala – Respondent
JUDGMENT :
C.S.Sudha, J.
This jail appeal under Section 383 Cr.P.C. has been filed by the accused in S.C.No.375/2016 on the file of the Court of Session, Mavelikkara, 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 - The accused was in inimical terms with Bhasurangi, his mother, due to the disputes relating to the partition of their family property and as she had filed a case against the accused and obtained an order evicting him from her house. Due to this enmity, the accused with the intention of murdering her, on 23/10/2015 at 6 a.m., hacked her twice with an axe on the back of her head and below the neck, because of which her neck was severed from her body, resulting in her death. The incident took place near the well situated in the compound of her house bearing No.282 situated in Ward No.VI, Alam Panchayat. Hence the accused is alleged to have committed the offence punishable under the above-mentioned Section.
3. Based on Ext.P1 FIS of PW1, Crime No. 2626/2015, Chengannur Police Station for the offence punishable under Section 302 IPC was regis
Insanity defense requires clear evidence of incapacity to understand the act or its wrongfulness; mere claims of mental illness are insufficient to negate criminal responsibility.
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 ....
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 court reaffirmed that the defence must prove insanity under Section 84 IPC, with established evidence supporting the accused's guilt of murder and assault.
Insanity defence under Section 84 rejected absent proof of legal incapacity at offence time; conviction under Section 304 Part I upheld on complete circumstantial chain establishing guilt beyond reas....
The burden of proving unsoundness of mind as a defence lies with the accused, and must be established at the time of the offence, which was not satisfied in this case.
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 accused failed to prove unsoundness of mind at the time of the offence, and motive loses significance in cases based on direct evidence of eye-witnesses.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
