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TMI Blog2018 (7) TMI 2049X X X X Extracts X X X X X X X X Extracts X X X X ..... The appellant assails his conviction under Section 302 and 324 of the Indian Penal Code (IPC), rejecting his defence that he was of unsound mind. 2. In the morning of 26.09.2006, the appellant suddenly picked up a sickle from the shop floor of the iron smith and attempted to assault Gulab Pawar (P.W.11), but which injured Santosh Jadhav (P.W.5) on the jaw and cheek and gave a further blow on his shoulder. The same day, he later assaulted Ulhas Rathor (P.W.3) on his back and neck and rained blows on the back and stomach of the deceased Harish Chandra Chauhan, when the latter tried to intervene. The appellant then tried to flee, throwing the sickle enroute, when he was apprehended by the villagers and handed over to the police. 3. The Additional Sessions Judge, Akola rejected the defence plea for unsoundness of mind, citing insufficient evidence relying on the evidence of Dr. Sagar Srikant Chiddalwar (C.W.1) that the appellant was not mentally sick and fit to face trial. The subsequent conduct of the appellant while in custody, his demeanour during the trial, were further relied upon to conclude that the appellant was conscious of his wrongful ac ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... riate cases to reappraise evidence in the interest of justice, if it entertains any doubt about the nature of evidence and its appreciation or nonappreciation. There can be no hard and fast rule in this regard, and much will depend on the concept of justice in the facts of a case, coupled with the nature of acceptable evidence on record. 7. The prosecution, including the injured witnesses, undoubtedly denied that the appellant was of unsound mind. But the evidence of police SubInspector Chandusingh Mohansingh Chavan (P.W.14), coupled with the reference to the medical reports of the appellant, persuaded us to examine the original records of the trial court ourselves in order to satisfy us that there had been proper and complete appreciation of all evidence and that the findings were not perverse or obviated by nonconsideration of relevant materials, so that justice may ultimately prevail. 8. That the appellant was a very poor person stands established by P.W. 14, and which consequently necessitated legal assistance to him for his defence by the District Legal Services Authority, Akola as also before the High Court and also before this court by the legal aid ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... me, in the sense laid down by Section 84 of the Indian Penal Code: the accused may rebut it by placing before the court all the relevant evidence oral, documentary or circumstantial, but the burden of proof upon him is no higher than that rests upon a party to civil proceedings. (3) Even if the accused was not able to establish conclusively that he was insane at the time he committed the offence, the evidence placed before the court by the accused or by the prosecution may raise a reasonable doubt in the mind of the court as regards one or more of the ingredients of the offence, including mens rea of the accused and in that case the court would be entitled to acquit the accused on the ground that the general burden of proof resting on the prosecution was not discharged. 11. Section 84 of the IPC carves out an exception, that an act will not be an offence, if done by a person, who at the time of doing the same, by reason of unsoundness of mind, is incapable of knowing the nature of the act, or what he is doing is either wrong or contrary to law. But this onus on the accused, under Section 105 of the Evidence Act is not as stringent as on the prosecution to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... amine if a reasonable doubt is created with regard to the mental state of the appellant at the time of commission of the assault on a preponderance of probability, coupled with the complete lack of consideration of the evidence of P.W.14. Merely because an injured witness, who may legitimately be classified as an interested witness for obvious reasons, may have stated that the appellant was not of unsound mind, cannot absolve the primary duty of the prosecution to establish its case beyond all reasonable doubt explaining why the plea for unsoundness of mind taken by the accused was untenable. 15. The accused was taken into custody on 28.09.2006. Chargesheet was submitted on 29.12.2006 and commitment done on 16.02.2007. The Trial Court records reflect several medical visits in prison, even weekly, 12 in number, between the period from 09.01.2007 to 07.04.2007, administering of antipsychotic drugs such as tablet Haloperidol and tablet Olanzapine and tablet Diazepam to the appellant with the impression recorded by the Doctor that the patient is psychotic and needs continuation of treatment. The significance of use of the words continuation cannot be lost sight of, and h ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r disorder (manic depression) Diazepam is used to treat anxiety, alcohol withdrawal, and seizures. It is also used to relieve muscle spasms and to provide sedation before medical procedures. This medication works by calming the brain and nerves. Diazepam belongs to a class of drugs known as benzodiazepines. Trinicalm Forte Tablet is a combination of three medicines: Chlorpromazine, Trihexyphenidyl and Trifluoperazine. Chlorpromazine is a typical antipsychotic. It works by blocking the action of dopamine, a chemical messenger in the brain that affects thoughts and mood. Trihexyphenidyl is an ant cholinergic which works on the nervous system and corrects some of the side effects occurring during antipsychotic treatment. Trifluoperazine is a typical antipsychotic. It works by blocking the action of dopamine, a chemical messenger in the brain that affects thoughts and mood. Trinicalm Plus 5 mg/2 mg Tablet is a combination of two medicines: Trifluoperazine and Trihexyphenidyl. Trifluoperazine is a typical antipsychotic. It works by blocking the action of a chemical messenger (dopamine) in the brain that affects thoughts and mood. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... thers, (1997) 6 SCC 162 as follows: 12. Reticence may be good in many circumstances, but a Judge remaining mute during trial is not an ideal situation. A taciturn Judge may be the model caricatured in public mind. But there is nothing wrong in his becoming active or dynamic during trial so that criminal justice being the end could be achieved. Criminal trial should not turn out to be a bout or combat between two rival sides with the Judge performing the role only of a spectator or even an umpire to pronounce finally who won the race. A Judge is expected to actively participate in the trial, elicit necessary materials from witnesses in the appropriate context which he feels necessary for reaching the correct conclusion. There is nothing which inhibits his power to put questions to the witnesses, either during chief examination or cross-examination or even during re-examination to elicit truth. The corollary of it is that if a Judge felt that a witness has committed an error or a slip it is the duty of the Judge to ascertain whether it was so, for, to err is human and the chances of erring may accelerate under stress of nervousness during cross-examination. Criminal ..... X X X X Extracts X X X X X X X X Extracts X X X X
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