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SANDEEP MEHTA, SAMEER JAIN
Mohan Lal – Appellant
Versus
State – Respondent
JUDGMENT
Mehta, J. - The appellant herein has been convicted and sentenced as below vide judgment dated 11.11.2019 passed by the learned Additional Sessions Judge, Bhinmal, District Jalore in Sessions Case No.66/2013 (CIS No.229/2014):
| Offences | Sentences | Fine | Fine Default sentences |
| Section 302 IPC | Life Imprisonment | Rs.10,000/- | 5 Months' R.I. |
2. Being aggrieved of his conviction and sentences, the appellant has preferred the instant appeal under Section 374(2) Cr.P.C.
3. Brief facts relevant and essential for disposal of the appeal are noted herein below:
4. The appellant Mohanlal was married to Smt. Jhamka (hereinafter referred to as 'the deceased') daughter of Sanwla Ram about 5 years before the incident. Smt. Jhamka was inflicted injuries at her matrimonial home on 05.07.2013 and was taken to the hospital where, she was declared dead. Shri Sanwla Ram (PW- 6), father of the deceased, submitted a written report (Ex.P/11) to the SHO, Police Station Jhab on the very same day i.e. 05.07.2013 at the CHC, Sanchore alleging inter alia that his daughter Jhamka was marri
The judgment establishes the principle that the burden of proof for the plea of insanity is on the defence to establish it by preponderance of probabilities, not beyond all reasonable doubt.
The court established that a valid plea of insanity under Section 84 IPC can overturn a conviction if supported by credible medical evidence.
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 absence of a clear motive does not negate a murder conviction, and the defence of insanity requires proof of incapacity to understand the nature of the act, which was not established.
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 burden of proof is on the accused to establish the plea of insanity under Section 84 of the Ranbir Penal Code.
Point of Law : Once, a person is found to be suffering from mental disorder or mental deficiency, which takes within its ambit hallucinations, dementia, loss of memory and self-control, at all releva....
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