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TMI Blog2007 (6) TMI 557X X X X Extracts X X X X X X X X Extracts X X X X ..... udge, Partap Garh, Rajasthan. 2. Prosecution version as unfolded during trial is as follows: On 26.8.1995 at about 8 a.m. Mithu Singh (PW1) heard the scream that run run he will kill her . On hearing the scream he rushed towards the house of appellant where Smt. Bhanwar Kanwar, Smt. Nand Kanwar, Smt. Jagdish Kanwar and Smt. Mohan Kanwar were shouting loudly. Smt. Phool Kanwar told him that the accused is beating his wife. It was found by the informant on looking inside from the roof top that the accused was carrying a sickle in one hand and the chopped head of Smt. Govind Kanwar (hereinafter referred to as the deceased ) in other hand. The sickle was blood stained and the blood was flowing on the floor from the body. Nu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the accused was incapable to understand the nature of the act committed by him or suffered from insanity and had to be given protection under Section 84 IPC. The High Court found that Section 84 IPC has correctly been applied. 4. Learned counsel for the appellant with reference to the evidence of some of the witnesses submitted that the police officials themselves wanted protection from the Court being disturbed by the violent behavior of the appellant. It was submitted that grand father and the uncle of the accused suffered from insanity and, therefore, the trial Court and the High Court were not justified in refusing the protection under Section 84 IPC. 5. Learned counsel for the respondent-State on the other hand suppor ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ntiff or a defendant in a civil proceeding. (See Dahyabhai v. State of Gujarat AIR 1964 SC 1563). In dealing with cases involving a defence of insanity, distinction must be made between cases, in which insanity is more or less proved and the question is only as to the degree of irresponsibility, and cases, in which insanity is sought to be proved in respect of a person, who for all intents and purposes, appears sane. In all cases, where previous insanity is proved or admitted, certain considerations have to be borne in mind. Mayne summarises them as follows: Whether there was deliberation and preparation for the act; whether it was done in a manner which showed a desire to concealment ; whether after the crime, the offender showe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... investigator to subject the accused to a medical examination and place that evidence before the Court and if this is not done, it creates a serious infirmity in the prosecution case and the benefit of doubt has to be given to the accused. The onus, however, has to be discharged by producing evidence as to the conduct of the accused shortly prior to the offence and his conduct at the time or immediately afterwards, also by evidence of his mental condition and other relevant factors. Every person is presumed to know the natural consequences of his act. Similarly every person is also presumed to know the law. The prosecution has not to establish these facts. 9. There are four kinds of persons who may be said to be non compos mentis (n ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of committing the act, the accused was labouring under such a defect of reason, from disease of the mind, as not to know the nature and quality of the act he was doing, or that even if he did not know it, it was either wrong or contrary to law then this section must be applied. The crucial point of time for deciding whether the benefit of this section should be given or not, is the material time when the offence takes place. In coming to that conclusion, the relevant circumstances are to be taken into consideration, it would be dangerous to admit the: defence of insanity upon arguments derived merely from the character of the crime. It is only unsoundness of mind which naturally impairs the cognitive faculties of the mind that can form a gr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t laid down in the answers of the Judges to the questions put to them by the House of Lords, in M Naughton s case. (1843) 4 St. Tr. (NS) 847. Behaviour, antecedent, attendant and subsequent to the event, may be relevant in finding the mental condition of the accused at the time of the event, but not that remote in time. It is difficult to prove the precise state of the offender s mind at the time of the commission of the offence, but some indication thereof is often furnished by the conduct of the offender while committing it or immediately after the commission of the offence. A lucid interval of an insane person is not merely a cessation of the violent symptoms of the disorder, but a restoration of the faculties of the mind sufficiently to ..... X X X X Extracts X X X X X X X X Extracts X X X X
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