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2008 Supreme(P&H) 2141
PUNJAB AND HARYANA HIGH COURT
K.S. Garewal, Jitendra Chauhan, JJ.
Om Prakash - Appellant
Versus
State of Haryana - Respondent
Crl. Appeal No. 71-DB of 2001.
Decided On : 17 December, 2008
For the Appellant :Monika Jalota, Advocate as Amicus Curiae.
For the Respondent: S.S. Randhawa, Additional A.G. Haryana.
The central legal point established in the judgment is the consideration of the accused's mental health and its impact on the trial and final decision.
Headnote:
Indian Penal Code - Murder - Section 302, Section 328, Section 329 - The judgment discusses the application of Section 302 of the Indian Penal Code in a case involving the murder of the appellant's wife. It also addresses the provisions of Section 328 and Section 329 of the Code of Criminal Procedure in relation to the appellant's mental health and fitness to stand trial.
Fact of the Case:
The appellant and his brother were tried under Section 302 of the Indian Penal Code for the murder of the appellant's wife. The appellant's wife was suspected of infidelity, and the appellant, along with his brother, was accused of murdering her in the presence of witnesses.
Finding of the Court:
The trial court accepted the prosecution's case based on witness testimony and evidence, while the defense argued that the appellant was suffering from a mental illness and was not fit to stand trial.
Issues: The issues included the validity of the trial in light of the appellant's mental health and the admissibility of witness testimony and evidence.
Ratio Decidendi: The court considered the medical reports and the appellant's mental health history, ultimately accepting the appeal based on the appellant's long history of mental illness and the commission of the murder while suffering from a depressive disorder.
Final Decision: The appeal was allowed, and the appellant was ordered to be set free. The court also directed the authorities to admit the appellant to a mental hospital or center with adequate facilities for treatment upon his release from jail.
Jitendra Chauhan, J. - The present appeal has been filed against the judgment and order dated 23/24.10.2000. The appellant alongwith his brother Sarwer was tried under Section 302 of the Indian Penal Code for murder of his wife Shakuntla. During trial, the co-accused Sarwer died and consequently on 17.8.1998 the proceedings qua him were dropped.
2. The complainant-Nirmala Devi wife of Ram Niwas got her statement recorded that her sister Shakuntla was married to Om Parkash son of Chandan resident of village Karontha about 12 years ago. Two sons were born out of their wedlock. The complainant Nirmala Devi was also married in the same village with Ram Niwas 7-8 years ago. The accused Om Parkash and husband of the complainant Ram Niwas were real brothers. The accused/appellant, Om Parkash suspected his wife, the deceased Shakuntla of infidelity. On this account, the deceased had left the matrimonial home about 6-7 years ago before she again joined her husband prior to the occurrence about 8-9 months. The problem between husband, the appellant and the wife the deceased continued thereafter as well.
3. On 1.9.1996 at 6.30 A.M., complainant Nirmala went to the house of the deceased after answering call of nature. At that time her sister (the deceased), the appellant alongwith his brother Sarwer and son of the deceased and the appellant Sunil aged 10 years, were also present there. The deceased was sitting in front of the oven (chulla) and Om Parkash and the co-accused Sarwer were quarreling with the deceased. Sarwer caught hold of the hands of the deceased and Om Parkash dealt an axe blow on the head and another blow on the neck of the deceased. Thereafter, one more blow was given on the right shoulder of the deceased. On alarm raised by the complainant, the accused/appellant Om Parkash alongwith his brother Sarwer ran away from the spot alongwith the weapon of offence.
4. The aforesaid statement was recorded by S.I. Sardara Ram. The ruqa Exhibit PB was sent to the Police Station Sadar Rohtak and formal FIR was registered under Section 302/34 of the Indian Penal Code. The special report was sent to the Illaqa Magistrate.
5. The spot inspection was carried out by PW-7 S.I. Sardara Singh. Rough site plan of the place of occurrence was prepared. The inquest report of the dead body of Shakuntala was prepared. The blood stained earth was lifted from the spot in the presence of Ram Niwas and other residents of the village.
6. PW-3 Dr. S.S. Dahiya, Medical Officer, Civil Hospital, Rohtak conducted the post-mortem examination on the dead body of the deceased Shakuntala wife of the appellant and recorded the following injuries :
"1. An incised wound 4.0 cm x 0.5 cm. over the scalp over the left side. It was present 10 cm. above the left pinna. It was skin deep going to the skull bone underneath in such a way that a piece of skull bone was chieselled off. Surrounding this wound there was a haemotoma. Underlying brain tissues and meanings were congested. The scalp wound was parallel to sagittal suture.
2) An incised wound present underneath the chin and above thyroid cartilage. It was 8.0 cm. x 5.0 cm. in size horizontally placed. Underlying muscular and vascular tissue were exposed. The wound was communicating to the laryngeal cavity. There was haemotoma all around the wound.
3) An incised wound 4.0 cm x 1.0 cm. over front of base of neck, 4.0 cm. above the amenubrium of sternum. It was soft tissues deep. Clotted blood was present.
4) An incised wound 5.0 cm. X 3.0 cm. present over the front of right shoulder underlying right humerus bone was seen fractured near the head of humerus bone. Clotted blood was present in the wound.
Stomach contained 150 ml. of greyish fluid. Liver, spleen and kidneys were found pale.
In my opinion, the cause of death was hemorrhage and shock due to ante-mortem multiple injuries which were sufficient to cause death in ordinary course of nature.
Probable time that elapsed between injuries and death was within
