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1958 Supreme(All) 190
IN THE HIGH COURT OF ALLAHABAD
Nasirullah Beg and V. D. Bhargava, JJ.
LAKSHMI - Appellant
Versus
STATE OF UTTAR PRADESH - Respondents
Criminal Appeal 1012 Of 1956
Decided On : 10/29/1958
P.C.Chaturvedi
Headnote:
CRIMINAL LAW - MURDER - SECTION 302, I. P. C. - EXCEPTION UNDER SECTION 84, I. P. C. - INSANITY - MEANING AND SCOPE - DISTINCTION BETWEEN LEGAL INSANITY AND MEDICAL INSANITY - DELUSIONS - WHEN A DEFENCE - EVIDENCE - BURDEN OF PROOF.
Fact of the Case:
The appellant, Lakshmi, was convicted of murdering his stepbrother, Chhedi Lal, and sentenced to life imprisonment. The prosecution alleged that the appellant was addicted to ganja and wine and had a history of violence towards his family members. The appellant claimed that he was insane at the time of the murder and therefore not responsible for his actions.
Finding of the Court:
The court found that the appellant was not insane at the time of the murder. The court considered the evidence of motive, the appellant's conduct before, during, and after the incident, and his conduct during the trial. The court found that the appellant had a motive to kill the deceased, that his conduct was consistent with that of a sane person, and that there was no evidence of any mental illness.
Issues: 1. Whether the appellant was insane at the time of the murder. 2. Whether the appellant was entitled to the benefit of the exception under Section 84 of the Indian Penal Code.
Ratio Decidendi: The court held that the appellant was not insane at the time of the murder. The court held that the exception under Section 84 of the Indian Penal Code is not available to a person who is capable of distinguishing between right and wrong, even if that person is suffering from a mental illness. The court further held that the appellant had not established that he was incapable of knowing the nature of his act or that he was doing what was wrong.
Final Decision: The court dismissed the appeal and upheld the conviction and sentence of the appellant.
( 1 ) THIS is an appeal by one Lakshmi who has been convicted under Section 302,. P. C. and sentenced to imprisonment for life and a fine of Rs 100/-; in default, to undergo further rigorous imprisonment for one year.
( 2 ) THE appellant Lakshmi has been found guilty of having murderd his step brother Chhedi Lal on 6-10-1954 at about 8 p. m. in village Baheri, police station Girwan, district Eanda.
( 3 ) THE prosecution case is that the appellant was addicted to taking ganja and wine. He used to go about making demands for money from his relations. He used to beat his wife and mother. He also used to make similar demands from the deceased Chhedi Lal who was opposed to this habit of life of the appellant, and would not accede to his requests to advance to him monies to enable him to indulge in these vices. It is said that in the month of Jeth preceding the incident he had beaten his mother and wife. At that time the deceased and other persons had intervened and prevented him from doing so. On the appellants refusal to obey him, the deceased had chained him. The appellant had run away after breaking the chains. Five or six days after that, Nichari ahir of village Baheri had approached Chhedi Lal deceased, and had told him that when lakshmi was used to taking ganja and bhang, why was he not supplying the same to him, Chhedi lal did not accede to his request either. Thereafter it is said that Lakshmi appellant had stopped speaking to Chhedi Lal.
( 4 ) THE incident itself is said to have taken place on the evening of 6-10-1954. The prosecution story is that at about 8 p. m. in the night, Chhedi Lal had returned to his house after attending, to the call of nature. He was sitting at his door on the chabutra. At that time the appellant took a pharsa and proceeded towards Chhedi Lal. He began to assault Chhedi Lal with the pharsa, chhedi Lal raised an alarm. A number of persons including Durga, Chhakori and Debi Dayal the son of Chhedi Lal, reached the spot on hearing the alarm. On the arrival of these persons the appellant fled away outside the village taking the pharsa along with him. Chhedi Lal died within an hour or two.
( 5 ) THEREAFTER Chhedi Lals son Debi Daval went to police station Girwan, and lodged a first information report there at 1 Oclock in the night. In this report Debi Dayal referred to the fact that the appellant was addicted to taking ganja and bhang. He also stated that he had beaten his mother and wife in the month of Jeth, and that his father had tried to stop him from doing that. On his refusal to obey him, his father and other persons had tied him up with a chain. He also stated that five or six days after that Nichari Ahir had brought Lakshmi to his father, and had asked him to provide ganja and bhang for the appellant, as he was used to these intoxicants. His father had refused to supply the same to him. Thereafter Lakshmi appellant had stopped speaking with his father. He then narrated the main facts of the incident and stated that, on hearing the alarm, he had reached the spot and seen the appellant giving pharsa blows to his father. A number of other persons also reached the. spot. On being challenged by them, the appellant had fled away outside the village with the pharsa.
( 6 ) THIS first information report was lodged in the presence of S.. Mohammad Ahmed, station officer, Girwan. He went to the spot and prepared an inquest report. He got the statements of the witnesses recorded under Section 164, Cr. P. C. The reason given by him for taking this step was that the witnesses being relations of the appellant, he was apprehensive that they might be tampered with. He also stated that the witnesses were going about with the pairokar of the appellant, and had colluded with him. He searched for the appellant in the village. The appellant was found absconding and could not be arrested. The appellant surrendered in court on 8-10-1954.
( 7 ) THE post mortem examination of Chhedi Lal disclosed the following
