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1999 Supreme(HP) 266
High Court Of Himachal Pradesh
R.L.KHURANA,M.R.VERMA
BHAG SINGH - Appellant
Versus
STATE OF H.P. - Respondent
Criminal Appeal No. 412 of 1997
Decided On : 12/09/1999
Mr:B.K. Malhotra, Advcoate, for the Appellant; Mr. Ashok Sharvm and Mr. Bharat Bhushan Sharma, Assistant Advocates General, for the Respondent.
The burden of proving the defense of insanity lies on the accused, who must show that they were of unsound mind at the time of the offense and incapable of knowing the nature of their acts or that they were wrong or contrary to law.
Headnote:
CRIMINAL APPEAL - SECTION 302 IPC - MURDER - CONVICTION AND SENTENCE - EVIDENCE - INSANITY DEFENSE - INTERPRETATION OF SECTION 84 IPC - BURDEN OF PROOF - LEGAL INSANITY - MENTAL DISORDER - COGNITIVE FACULTY - RATIONAL JUDGMENT - CONDUCT OF ACCUSED - APPRECIATION OF EVIDENCE - DISMISSAL OF APPEAL.
Fact of the Case:
Accused Bhag Singh was convicted and sentenced to life imprisonment for murdering his father, Bohra Ram, by inflicting multiple injuries with a DARAT (chopping weapon). The prosecution's case was that the accused was annoyed with his father for not dividing the property equally among his sons and for objecting to the sale of a piece of land jointly owned by the accused and his brother Prakash Chand. On the night of the incident, the accused attacked his father while he was sleeping, causing fatal injuries. The accused fled the scene but was later apprehended by the villagers.
Finding of the Court:
The court found that the prosecution had proved its case beyond reasonable doubt. The evidence of eyewitnesses, including the accused's mother, Krishani Devi, and his brother, Prakash Chand, corroborated each other and established the accused's guilt. The court also considered the accused's alternative defense of insanity and held that he had failed to prove that he was of unsound mind at the time of the incident. The court noted that the accused had been living peacefully in his father's house for a month before the occurrence and had not exhibited any signs of mental illness. The court further observed that the accused's conduct in committing the murder and fleeing the scene indicated that he was capable of forming a rational judgment about his plans, acts, and their consequences.
Issues: 1. Whether the prosecution had proved the accused's guilt beyond reasonable doubt. 2. Whether the accused's defense of insanity was valid.
Ratio Decidendi: 1. The court held that the prosecution had proved the accused's guilt beyond reasonable doubt based on the following evidence: a) Eyewitness accounts from the accused's mother and brother, who saw the accused attacking his father and fleeing the scene. b) Physical evidence, including the murder weapon (DARAT) and the bloodstained shirt worn by the accused. c) The accused's own admission that he had done whatever he wanted to do, which the court interpreted as an admission of guilt. 2. The court held that the accused's defense of insanity was not valid because he had failed to prove that he was of unsound mind at the time of the incident. The court noted that the accused had been living peacefully in his father's house for a month before the occurrence and had not exhibited any signs of mental illness. The court further observed that the accused's conduct in committing the murder and fleeing the scene indicated that he was capable of forming a rational judgment about his plans, acts, and their consequences.
Final Decision: The court dismissed the accused's appeal and upheld his conviction and sentence.
M.R. Verma, J.—This appeal is directed against the judgment dated 12.8.1997 passed by the learned Sessions Judge, Bilaspur whereby accused-appellant (hereinafter referred to as accused) has been convicted and sentenced under Section 302, IPC to rigorous imprisonment for life and to pay a fine of Rs. 5,000/- and in default of payment of fine to suffer further rigorous imprisonment for one year.
2. Case of the prosecution in brief is that Bohra Ram (since deceased) and Krishni Devi (PW-1) residents of village Kot in district Bilaspur were living together. All the sons of the deceased are married and are living separately. Four of their sons, namely, Ram Prakash, Piar Singh, Sarwan and Bhag Singh are residing in Nalagarh, Shyam Singh resides in Ropar and the youngest son Prakash Chand used to reside with his parents in village Kot. About l- 1/2 months before December 22, 1995, accused Bhag Singh had come to village Kot. The accused was of the view that his father Bohra Ram had not properly divided the property between his sons and, therefore, he was annoyed with his father and brother Prakash Chand. Moreover, accused Bhag Singh wanted to sell five biswas of land jointly owned by him and Prakash Chand in Kothipura but it was objected to by the deceased. On 21.12.1995 after taking dinner, the accused and his parents slept in one room and Prakash Chand slept in another room beyond kitchen. During night at about 2 p.m. Bohar Ram asked Krishani Devi to bring water. Therefore, she lighted the room and went to the kitchento bring water. When she returned to the room while carrying water, she saw that the accused was giving DARAT blows to her husband who was lying on the floor. On seeing this, Krishani Devi raised hue and cry and called Prakash Chand who came on the spot. The accused continued to give blows to Bohra Ram Krishani Devi and Prakash Chand enquired from Bhag Singh as to why he had acted in the aforesaid manner, whereupon the accused replied that he had done whatever he was to do. He threw away the DARAT and ran away from the spot. Krishani Devi and Prakash Chand got scared and did not catch hold of the accused. Prakash Chand then went to inform the villagers about the occurrence and Krishani Devi remained sitting near the body of Bohra Ram. After sometime, Prakash Chand came back followed by Bittu Ram (PW-4) and Sukh Ram (PW-6). Thereafter, Nikka Ram, Pradhan of the Gram Panchayat (PW-3) and Prem Chand, Chowkidar also came on the spot. Thereafter accused also returned home. He was caught hold of by those who were present so that he may not again run away. After getting the detailed information about the occurrence from Prakash Chand, PW Nikka Ram deputed Siri Ram (PW-5) to Kalol to telephonically inform the police at Police Station, Talai about the occurrence. Information received by the police from Sin Ram telephonically was recorded at Police Station. Talai vide daily diary report (Ext. PW-14/A). Birbal Ram (PW-14), SI, SHO then proceeded to spot and recorded the statement of PW Nikka Ram under Section 154, Cr.P.C. (Ext. PW-3/A) on the basis of which F.I.R. (Ext. PW-11/A) came into being at Police Station, Talai. He prepared the site plan (Ext. PW-14/B) and inquest report (Ext. PW-2/A) and Ext. PW-2/B), Photographs of the spot (Exts. PW-12/A-1 to PW 12/A-11) were taken by Jagat Kumar (PW-12), negatives of which are Exts. PW-12/A-12 to PW-12/A-22. DARAT (Ext. P-l), the weapon of offence, rough sketch whereof is Ext. PW-14/C was also taken in possession by the Investigating Officer and was sealed vide memo Ext. PW-3/B, blood-stained soil was also taken into possession vide memo Ext. PW-3/C. One blood-stained bed-sheet (Ext. P-4) was also taken in possession by the Investigating Officer vide Ext. PW-3/A. Blood-stained shirt of the accused (Ext. P-5) was also taken in possession vide memo Ext. PW-3/E. The dead body of Bohra Ram was sent to the District Hospital, Bilaspur for post-mortem which was conducted by PW-7 Dr. N.
