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RAJA VIJAYARAGHAVAN V., P. V. BALAKRISHNAN
ROLLYMOL W/O JOY – Appellant
Versus
STATE OF KERALA – Respondent
JUDGMENT :
1. The above appeal has been preferred by the sole accused in S.C. No. 613 of 2018 on the file of the Additional Sessions Judge-IV, Thodupuzha. In the above case, the appellant, a lady aged 39/18 years is accused of having committed maternal filicide.
Prosecution Case:
2. The case of the prosecution is that the appellant had two children in her marriage with PW-1. The elder child is autistic. The younger child (Alex) was 1½ years of age when the alleged incident had taken place. The prosecution alleges that PW-1 was a Mason by profession and was engaged by PW-5, the uncle of the appellant, to carry out some work in his residential home. The appellant, her husband, and two children were residing at the house bearing No. U.G.P. XI/265, which belonged to Peermedu Tea Company, Puthukkada Bhagam, Laundry Kara, Upputhara Village. The prosecution case is that on 18.04.2018, at about 6:30 p.m., the appellant with intent to murder her younger son, pressed his neck and thereby strangulated him.
Registration of the Crime:
3. Joy (PW-1), the husband of the appellant, went to the Upputhara Police Station on 18.04.2018 at 11:50 p.m. and lodged a statement, based on which Ext.P7 FIR was reg
The prosecution must investigate mental health issues adequately when raised as a defense, as failure to do so can result in a miscarriage of justice.
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 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 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 ....
A defendant can assert a mental illness defense under Section 84 of the IPC, and the prosecution must provide sufficient evidence beyond reasonable doubt to counteract this claim.
(1) Murder – If motive is proved, that would supply another link in chain of circumstantial evidence but, absence of motive cannot be a ground to reject prosecution case, though absence of motive is ....
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....
An accused can be exonerated if not aware of wrongfulness due to unsoundness of mind, requiring examination of circumstantial behavior surrounding the crime.
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