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HIGH COURT OF ORISSA
MOHAPATRA,DAS, JJ.
Nitai Naik
Versus
State
Criminal Appeal No. 90 of 1955
Decided On : 30-06-1955
CRIMINAL LAW - MURDER - INSANITY - BURDEN OF PROOF - STANDARD OF PROOF REQUIRED FOR ACCUSED TO TAKE SHELTER UNDER S. 84 OF THE INDIAN PENAL CODE - WHETHER ACCUSED MUST PROVE BEYOND ALL REASONABLE DOUBT THAT HE WAS INSANE AT THE TIME OF THE OFFENCE - INTERPRETATION OF S. 105 OF THE INDIAN EVIDENCE ACT.
Fact of the Case:
The appellant, Nitai Naik, was convicted of murder under S. 302 of the Indian Penal Code for intentionally causing the death of Nagai Bewa by assaulting her with a bamboo lathi. The prosecution's case was that the appellant had demanded medicine from the deceased, who was known as a quack, and when she refused, he dragged her to the outskirts of the village and beat her to death. The appellant's defense was that he was insane at the time of the incident and therefore not responsible for his actions.
Finding of the Court:
The court found that the prosecution had proved beyond a reasonable doubt that the appellant had committed the murder. However, the court also found that the appellant had established a reasonable doubt about his sanity at the time of the offense. The court relied on the evidence of several witnesses who testified that the appellant had been acting strangely in the days leading up to the incident, and that he had a history of mental illness. The court also noted that there was no apparent motive for the murder, which further supported the appellant's claim of insanity.
Issues: 1. Whether the prosecution had proved beyond a reasonable doubt that the appellant had committed the murder. 2. Whether the appellant had established a reasonable doubt about his sanity at the time of the offense.
Ratio Decidendi: 1. The court held that the prosecution had proved beyond a reasonable doubt that the appellant had committed the murder. The court relied on the testimony of several eyewitnesses who saw the appellant assault the deceased with a bamboo lathi. The court also noted that the appellant had confessed to the crime. 2. The court held that the appellant had established a reasonable doubt about his sanity at the time of the offense. The court relied on the evidence of several witnesses who testified that the appellant had been acting strangely in the days leading up to the incident, and that he had a history of mental illness. The court also noted that there was no apparent motive for the murder, which further supported the appellant's claim of insanity.
Final Decision: The court acquitted the appellant on the ground of insanity under S. 84 of the Indian Penal Code. However, the court directed the Sessions Judge to take action under S. 471 of the Criminal Procedure Code regarding detention of the accused in safe custody and to report the action taken to the State Government.
Judgement
MOHAPATRA, J. :- The appellant Nitai Naik has been convicted under S. 302 of the Indian Penal Code and has been sentenced to imprisonment for life for having intentionally caused the death of one Nagai Bewa by assaulting her with a bamboo lathi on 18th of July, 1954 in the afternoon in village Paktia in the district of Mayurbhanj. The deceased was residing in the house of her daughters daughter Dull Dei (P. W. 8) in the same village. Tha accused also belongs to the same village.
But, some time after his marriage which took place nearly two years prior to the incident, he went away from the village and lived with his father-in-law in another village. He, however, returned on 16th of July, 1954 to the village Paktia and complained of reeling of head. He wanted some medicine from the deceased, who had some reputation in the locality as a quack. On 17th of July, 1954 he approached the deceased in the house of P. W. 8 for medicine and on the next day also, that is, the date of occurrence, he again approached the deceased for medicine.
The deceased refused to give any more medicine saying that she cannot cure the disease of the accused. The accused then demanded the deceased to leave him in the house of his maternal uncle and the deceased also refused. Thereupon, the accused caught hold for her, dragged her to the outskirts of the village and beat her to death with a bamboo thenga. Prosecution story is that the deceased died at the spot near the kendu leaf depot on the outskirts of the village. P. W. 1, the Choukidar and son of the deceased who was living separate from the deceased returned home at about sunset and the first information was lodged by P. W. 1 at about 4 P. M. on 19th of July, 1954.
The dead body was sent to the Doctor, who held the post-mortem examination on 21st of July, 1954. the dead body having been highly decomposed. The Doctor, however, found two external injuries on the dead body : (i) the left ear was torn i.e. the Pinna and one inch above its attachment was torn and (ii) a huge opening on the left side of the mouth and cheek but the tissues and muscles were so much decomposed that no definite opinion could be given as regards the nature of the injuries i e. whether lacerated or incised.
He also found the following internal injuries : (i) The left mandible was fractured at its angle in entire and (ii) There was separation of the tempero-parietal suture on the left side of the skull with several fracture lines radiating along the outer table of both bones. There was dark liquefied blood about 4 ozs. in the skull, separating the left side of the brain from the skull (extra dural). Membranes were getting decomposed but were found in tact. Brain had been liquified.
The Doctor was of opinion that death was due to shock and haemorrhage as a result of the above injuries to the skull. The injuries were ante-mortem. The fracture to the skull and the fracture of the mandible could have been produced with lathi blows.
2. The accused having shown signs of unsoundness of mind was kept under observation on several occasions. His trial before the Additional Sessions Judge had commenced in January, 1955, but the learned Additional Sessions Judge was of opinion that he was unable to take up his defence, stopped the trial and sent the accused to be kept under observation. Thereafter, for the second time when the Doctor opined that he was free to take up his defence, the present sessions trial commenced wherein he has been found guilty under S. 302 of the Indian Penal Code and sentenced to life imprisonment. Against this judgment of Shri A.R. Guru, Sessions Judge, Mayurbhanj dated the 30th of June, 1955 the present appeal has been filed.
3. The learned Sessions Judge relies upon the evidence of three witnesses examined in the case to come to a finding that in fact the accused had dealt a lathi blow on the vital part of the deceased on account of which she died. The witnesses are P. Ws. 5. 6 and 7. P. W. 5 Bhagaban Sethi culti
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