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High Court Of Madhya Pradesh
R. P. AWASTHY, RAJEEV GUPTA
NIMAN SHA - Appellant
Versus
STATE OF M.P. - Respondents
Criminal Appeal 1296 Of 1995
Decided On : 11/28/1995
CRIMINAL LAW - SECTION 302, 335(1)(A) OF THE INDIAN PENAL CODE, 1860 - SECTION 329, 333, 334, 335 OF THE CODE OF CRIMINAL PROCEDURE, 1973 - MURDER - INSANITY - LEGAL FRAMEWORK - INTERPRETATION - APPLICATION - FACTUAL MATRIX - HELD, ACCUSED ENTITLED TO BENEFIT OF EXCEPTION UNDER SECTION 84 OF THE IPC - SENTENCE OF DEATH COMMUTED TO DETENTION IN MENTAL ASYLUM.
Fact of the Case:
Accused Niman Sha was charged with committing the murders of Nanjo Bai and Jhini Bai on or about 6-12-1994, in a gruesome manner. The prosecution case was that the accused, after quarrelling with his father, attacked Nanjo Bai with an axe, severing her head from her body, and then proceeded to kill Jhini Bai in a similar manner. The accused was apprehended by villagers and handed over to the police.
Finding of the Court:
The trial court found the accused guilty of both murders and recommended the death sentence. The accused appealed the conviction and sentence, and the High Court conducted a joint hearing of the appeal and the reference made by the trial court under Section 366 of the CrPC for confirmation of the death sentence.
Issues: 1. Whether the accused was of unsound mind at the time of the incident, rendering him incapable of knowing the nature of his acts or that they were wrong or contrary to law, thus entitling him to the benefit of the exception under Section 84 of the IPC? 2. If so, whether the accused should be sentenced to death or detained in a mental asylum under Section 335(1)(a) of the CrPC?
Ratio Decidendi: 1. The court observed that the accused had a history of mental disorder and that he was not behaving normally when apprehended soon after the incident. It also noted that the accused suffered an attack of insanity during the investigation. 2. The court held that the accused's mental condition at the time of the incident brought the case within the ambit of the general exception contained in Section 84 of the IPC, as he was incapable of knowing the nature of his acts or that they were wrong or contrary to law. 3. However, considering the heinous nature of the crime and the danger posed by the accused to society, the court ordered that he be detained in a mental asylum under Section 335(1)(a) of the CrPC until he is cured of his mental illness and found fit for discharge by the Superintendent of the Institute of Mental Health.
Final Decision: The court allowed the accused's appeal, set aside the death sentence, and ordered that he be detained in the Institute of Mental Health, Gwalior, till he attains normalcy after receiving medical treatment.
( 1 ) II Additional Sessions Judge, Chhindwara Shri A. K. Patel, has made these joint references pertaining to Sessions Trials No. 46 and 47 of 1995, in which accused Niman Sha was charged with having committed, on or about 6-12-1994, murders of Nanjo Bai and Jhini Bai at village Dhalapathar and Karanpiparia, and thereby committing offences punishable under Ss. 302 and 302 (sic), of the IPC. In both of the said Sessions Trials the accused has been held guilty for committing the said offences and the present references have been made under S. 366, of the Cr. P. C. , for confirming the death sentence recommended to be awarded to the accused appellant. The accused has also filed two appeals against the said judgements, delivered in Sessions Trials referred above, of holding him guilty for committing offences punishable under Ss. 302 and 302 (sic), of the IPC, and recommending to sentence him to death. The said references, made under S. 366, Cr. P. C. , and Criminal Appeals referred above shall be decided simultaneously, by this single judgement.
( 2 ) FROM the documents filed in the trial Court, the prosecution case emerges as below :-NIMAN Sha is the eldest son of Raman Sha. After getting up in the morning, he all of a sudden ran away from his house. Raman Sha followed him. Raman Sha met him just below the hillock, and after apprehending him, Ram Sha was taking Niman Sha back to his house. At that time, accused/appellant Niman Sha was having an axe. When, while returning towards their house, Raman Sha and his son accused/appellant Niman Sha, reached a rivulet and were crossing it, the accused started quarrelling with his father Raman Sha. He threatened to cause hurt to Ram Sha. At that time Nanjo Bai (since deceased) was harvesting 'kutki' crop near the said revulet of village Dhalapathar. When Niman Sha started quarrelling with his father and adopted an aggressive attitude, Nanjo Bai tried to pacify the accused by saying as to why he was not paying heed to what his father was saying.
( 3 ) THEREAFTER, the accused appellant went alongwith his father upto some distance. There, all of a sudden, Niman Sha pushed Raman Sha aside and taking the axe in his hand, he reached the place where Nanjo Bai was cutting 'kutki' crop and started dealing blows by means of the said axe on the neck of Nanjo Bai. The accused severed the neck and head from the remaining part of the body of Nanjo Bai, thereby causing her instantaneous death on the place of the incident itself. The said incident was witnessed by Gullo Bai (P. W. 4), who told the said fact to Balbati (PW. 3 ). The accused went away from the first place of the incident, that is revulet of Dhalapathar, and proceeded towards village Karanpiparia. On reaching Karanpiparia, the accused dealt axe blows on the person of yet another old lady, Jhini Bai and cut her like a firewood. The neck and head of Jhini Bai was also severed from her body, by the accused, causing her instantaneous death, on the place of the incident itself.
( 4 ) THEREAFTER the news that Niman Sha had chopped the heads of Nanjo Bai and Jhini Bai spread in villages Dhalapathar and Karanpiparia, and other adjoining very small villages, consisting of few hutments only. On receiving the said information Champalal, Dashrath, Lakhan, Chamru, Raman and other persons got collected and apprehended the accused. At that time the accused had thrown the axe away. On being asked as to where he had thrown the said axe, the accused told Champalal the place where he had thrown the said axe. Champalal brought the said axe.
( 5 ) ALL of the said persons tied the accused with a tree by means of a rope, at Dhalapathar (Kharakalal ). On the same day, at about 8. 05 p. m. Champalal went to police station Junnardeo, where he lodged the FIR (Ex. P-3 ). After recording the said FIR. Shri Akhil Verma (PW. 5), reached the place of the incident. As it had already gone dark in the night, he started investigation from the next date. On 7
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