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2019 Supreme(Online)(Mad) 14862

MADRAS HIGH COURT
N. Kirubakaran, J
Davidson A. v. State
Criminal Appeal No. 855 of 2017



Advocates:
For the Appellant: C.K.M.Appaji
For the Respondents: R.Anandharaj

The burden of proof for a defense of insanity under IPC Section 84 lies with the accused, and sufficient evidence must demonstrate unsoundness of mind at the time of the offense.

Headnote:(A) Indian Penal Code - Sections 294(b), 449, 302, 324, 506(ii) - Mental illness plea - The accused claimed benefits under Section 84 due to Bipolar Affective Disorder - The court ruled that unsoundness of mind must be established at the time of the crime - The burden of proof lies on the accused. (Paras 21, 23, 24)

(B) Criminal Procedure Code - The burden of establishing insanity lies on the accused - The appeals Court found no evidence of insanity at the time of the offence - Conviction upheld. (Paras 22, 26)

Facts of the case:
The appellant was accused of murdering Thangappan by stabbing after being denied work. The assault resulted in the death of the deceased and injuries to his wife, who witnessed the crime. Evidence included eyewitness accounts and medical examinations. (Paras 4.1-4.6)

Findings of Court:
The prosecution proved the case beyond reasonable doubt, and the argument of insanity was not sufficiently substantiated by the appellant. (Paras 12, 26)

Issues: Whether the appellant was of unsound mind at the time of the crime and whether the mental illness claim could nullify the conviction. (Paras 20, 26)

Ratio Decidendi: The court concluded that the evidence did not support the defense of insanity. The prosecution established the crime was committed with mens rea. (Paras 23-24)

Result: The appeal was dismissed, and the conviction upheld.

Table of Content
1. facts surrounding the murder committed by the accused. (Para 4)
2. defense arguments presented by the appellant's counsel. (Para 8 , 9 , 10)
3. court's observations on evidence and prosecution case. (Para 11 , 12)
4. ruling on the applicability of insanity defense. (Para 20 , 23)
5. final conclusion on the appellant's appeal. (Para 24 , 26)

1. This appeal is filed as against the conviction and sentence imposed on the appellant / sole accused by the Sessions Court, Kanyakumari District at Nagercoil, in S.C.No.151 of 2017, dated 26.04.2017.

2. The appellant faced the trial for the offences punishable under S.294(b), S.449, S.302, S.324 and S.506(ii), IPC.

3. In conclusion of the trial, the learned Trial Judge found the appellant guilty for the below mentioned offences, convicted and sentenced him as follows:


4. The facts of the case, as projected by the prosecution, in a nutshell, are as follows:
4.1. The accused was working as a Coolie and he was engaged by one Thangappan for certain works. The deceased Thangappan was also working as a Coolie. Though the deceased engaged the accused, he was not regularly providing the work to the appellant. On 25.06.2013, at about 5.30 a.m., the accused went to the deceased's house and sought for work. But the deceased replied him that there was no work on that day. Annoyed by this reply, the accused abusing the deceased with filthy words that though there was work available, he was lying, as if there was no work, trespassed into his house and took out a knife from his waist and attacked him indiscriminately. The wife of the deceased [PW1], who was witnessing the occurrence, raising hue and cry, attempted to prevent the attack, but the accused had assaulted her with knife on her left hand fingers and on her right hand and also intimidated that, if she raised sound, he would kill her also. On hearing the sound, the neighbours came to their house, chased the accused and caught hold of him.
4.2. The deceased was taken to the nearby private hospital at Nagercoil, where the Doctor [PW.14] provided treatment to PW.1 and declared that the deceased brought dead. PW.14 had noticed the following injuries on PW.1 and issued a wound certificate [Ex.P.10].
"1.Incised wound 8 x 2 x 1cm left forearm radial aspect.
2.Incised wound 1 x 1/2 x 1/2cm left middle finger dorsum
3.Incised wound 1/2 x 1/2 x 1/2 cm left index finger fresh bleeding wound."
4.3. Thereafter they have taken the deceased to the Government Medical College Hospital, Kanyakumari at Nagercoil at about 7.30 a.m. and the Doctor [PW.13] had declared the deceased died. PW.1, after taking treatment, went to the Thuckalay Police Station, on 25.06.2013 and lodged a complaint before the Sub Inspector of Police, Thuckalay Police Station [PW.17], at about 8.00 a.m. PW.17, registered a case in Thuckalay Police Station in Crime No.488 of 2013, for the offence punishable under S.452, S.294(b), S.324, S.307 and S.302, IPC. The printed copy of the First Information Report is marked as Ex.P.17 and the FIR was sent to the Court and to the higher officials through PW.11.
4.4. On receipt of the information, the Inspector of Police, Thuckalay Police Station [PW.18] proceeded to the place of occurrence and prepared an observation mahazar and a rough sketch, Ex.P.2 and Ex.P.18 respectively, from the place of occurrence in the presence of one Nelson [PW.2] and one Ramakrishnan. He also recovered cement slabs with and without bloodstain, M.O.6 and M.O.7 respectively from the place of occurrence and a bloodstained maroon colour flower designed lungi (M.O.2) and a blood - stained pillow cover (M.O.5) from the place of occurrence under a cover mahazar - Ex.P.3, in the presence of PW.4. He also recovered a bicycle [M.O.8] in Ex.P.4. Thereafter, he went to the Medical College Hospital at Nagercoil and conducted the inquest in the presence of the Pan - chayatadars and the inquest report is marked as Ex.P.19. He sent the body for post - mortem with a request through the
















































































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