The judgment establishes the principle that a claim of mental illness under Section 84 IPC requires concrete evidence of the accused's mental state at the time of the offence.

JUDGMENT :

B. Pugalendhi, J.

(Prayer: Appeal filed under Section 374 of the Code of Criminal Procedure, to call for the entire records connected to the judgment in S.C.No.157 of 2015 on the file of the 4th Additional District and Sessions Court, Tirunelveli, dated 18.01.2016 and set aside the conviction and sentence imposed against the appellant.)

1. This Criminal Appeal is preferred by the appellant/accused as against the conviction and sentence imposed by the learned IV Additional District and Sessions Judge, Tirunelveli, in S.C.No.157 of 2015, dated 18.01.2016. The appellant was charged for the offence under Sections 342, 302, 294(b), 307 & 506(ii) IPC. The trial Court, in conclusion of the trial, though acquitted him for the offence under Sections 342 & 294(b) IPC, has found him guilty, convicted and sentenced him as under:

The sentences are ordered to run concurrently. Aggrieved over the conviction and sentence imposed, the appellant has preferred the instant appeal.

2. The brief facts of the case, as projected by the prosecution, are as follows:

2.1. The deceased in this case, namely, Sureshkannan [6 years old] is the son of the appellant/accused and PW1. It is alleged that on 29.03.2014, at about 04.00 pm, the accused caused a cut injury on the back side of the neck, a stab injury above the naval and left knee of the deceased, using a knife [MO1] and caused the death of his son. It is further alleged that when his seven year old daughter, Sakthikala [PW2] attempted to prevent the attack, the accused abused her with filthy language and caused a cut injury above the left ear using the same weapon. PW1, the wife of the accused, went outside to dumb the waste and when she returned, she witnessed the accused causing cut injuries to the deceased/her son. When she [PW1] and her another son, Rajavel [PW3] attempted to secure the accused, the accused put the knife [MO1] down and took an Aruval [MO2] from the house and intimidated them. He also caused cut injuries in his right side neck and left wrist using the weapon [MO2] and thereafter, flew away from the scene of occurrence.

2.2. On hearing the hue and cry, PW4, Kavitha, took PW1 and PW1's sister, namely, one Sarasvathi to Kadayam Police Station in an Auto, belonging to PW6 and PW1 lodged a complaint [Ex.P1] before the Sub-Inspector of Police [PW14], on the same day at about 05.15 pm. On receipt of the complaint, PW14 registered a case in Crime No.95 of 2014, for the offence under Sections 294(b), 342, 307, 302 & 506(ii) IPC. The printed First Information Report is marked as Ex.P15.

2.3. In the interregnum period, PW3 called 108 Ambulance and took his sister PW2 to Government Hospital, Tenkasi, at about 05.20 pm. Dr.Ferozkhan [PW10] of Government Hospital, Tenkasi, attended PW2, gave first aid treatment and referred her to Government Medical College Hospital, Tirunelveli, for further treatment. Before the Doctor [PW10], PW2 has stated that at about 04.20 pm, her father attacked her with a knife. He has found a deep lacerated wound of 10 x 5 x 4 cm with muscle and bone exposed. He has also issued a Wound Certificate. According to the Doctor, since PW2 was vomiting and was feeling drowsy, he failed to mention the location of PW2's injury in the Wound Certificate. The Accident Register issued by PW10 is marked as Ex.P7. On the same day, at about 05.35 pm, the accused was taken to the Government Hospital, Tenkasi by 108 Ambulance and t