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TMI Blog2008 (8) TMI 1012X X X X Extracts X X X X X X X X Extracts X X X X ..... e prosecution, during trial are as follows: Harilal Gond (hereinafter referred to as the deceased ) was the maternal grandfather in law of the accused and in the night of incident accused, deceased and his samdhi Motilal were sleeping in the same house. Shyamlal (PW1), son in law of the deceased brought his son in law accused Hari Singh on 23.2.1995 to Mohda from Singanpuri for treatment. On 25.2.1995 in the evening Motilal (PW2) the father of Shyamlal and his samdhi i.e. deceased and son in law i.e. accused Hari Singh were sleeping in the same room after having their meal. Shyamlal alone was sleeping in his room. Shyamlal got up around 3-3.30 after hearing the shouting of his son in law who was pushing his door. Then accused ran tow ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ourt relied on the evidence of eye witness Moti Lal (PW 2) while Kali Bai (PW 4) corroborated the statement of eye witness about the unusual behaviour of the accused. The trial court found the evidence to be cogent and accordingly recorded conviction and imposed sentence as noted above. It did not accept the plea that Section 84 IPC has application. In appeal before the High Court the stand about unsoundness of mind and protection under Section 84 IPC was pressed into service. The prosecution on the other hand submitted that Section 84 has no relevance or application. High Court accepted State s stand and accordingly dismissed the appeal. 3. In the present appeal it was submitted that the unusual behaviour of the accused has been s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 showed consciousness of guilt and made efforts to avoid detections whether, after his arrest, he offered false excuses and made false statements. All facts of this sort are material as bearing on the test, which Bramwall, submitted to a jury in such a case : Woul ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e 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. 7. There are four kinds of persons who may be said to be non compos mentis (not of sound mind), i.e., (1) an idiot; (2) one made non compos by illness (3) a lunatic or a mad man and (4.) one who is drunk. An idiot is one who is of non-sane memory from his birth, by a perpetual infirmity, without lucid intervals; and those are said to be idiots who ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ial 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 ground of: exemption from criminal responsibility. Stephen in History of the Criminal Law of England, Vo. II, page 166 has observed that if a person cuts off the head of a sleeping man because it would be great fun to see him looking for it when he woke up, would obviously be a case where ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nt, 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 enable the person soundly to judge the act; but the expression does not necessarily mean complete or prefect restoration of the mental faculties to their original condition. So, if there is such a restoration, the person concerned can do the act with such reason, memory and judgment as t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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