CHHATTISGARH HIGH COURT
*L. C. Bhadoo, Dhirendra Mishra, JJ.
Rajkumar v. State of M.P.
| Table of Content |
|---|
| 1. factual background and nature of the crime. (Para 1 , 2 , 6) |
| 2. argument regarding mental unsoundness. (Para 7 , 8) |
| 3. legal standards surrounding insanity defense. (Para 11 , 12 , 19) |
| 4. conclusion of appeal allowing for the defense. (Para 20) |
1. Appellant Rajkumar has preferred this appeal under S.374(2) of the Code of Criminal Procedure through the Jailor, Central Jail, Bilaspur questioning the legality and correctness of judgment of conviction and order of sentence dated 12th May, 1998 passed by learned 7th Additional Sessions Judge, Bilaspur in Sessions Trial No. 214/97 whereby learned Additional Sessions Judge after holding the accused / appellant guilty under S.302 of the IPC for committing murder of his father Aadhaar, sentenced him to undergo imprisonment for life.
2. Brief facts leading to filing of this appeal are that on 13-2-1997 when deceased Aadhaar, father of accused / appellant herein, was sleeping in the house on a cot by covering his body with a chadar, the accused / appellant all of a sudden picked up the lathi, which was lying near the cot, attacked the deceased with the same on his head, as a result of which deceased sustained severe injuries, ev
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