9911796707
TMI Blog1970 (12) TMI 98X X X X Extracts X X X X X X X X Extracts X X X X ..... . The only point involved in the present appeal is whether the appellant was a person of unsound mind within Section 84 of the Indian Penal Code at the time of the incident. The Magistrate held that he was not liable to punishment as he was insane at that time and did not know that he was doing anything wrong or anything contrary to law. The High Court, on the other hand, came to the conclusion that the case of the appellant did not fall within the exception created by Section 84, I.P.C. 2. It is now well-settled that the crucial point of time at which unsoundness of mind should be established is the time when the crime is actually committed and the burden of proving this lies on the accused. (See State of Madhya Pradesh v. Ahmadullah [ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... medical examination, and accordingly the District Magistrate ordered that he be medically examined. No explanation has been given why he was kept in police custody all that time. There is no evidence either to indicate as to his condition from the time of his arrest to the time when his case was referred for medical examination. These facts were within the knowledge of the police and we should have expected that the prosecution would lead evidence regarding his condition during this time. Further, the police made it impossible for the appellant to prove his mental condition at the time of the incident by keeping him in their custody from January 23 to February 2, 1965, not having him examined and not sending him to judicial custody earlier ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cy Act, 1912, but was better though still confused, and further that treatment was being continued and it may take 4 to 6 weeks more for recovery. 9. The defence also led evidence as to his condition before the incident in question. Shyamlal, D.W. 1, son-in-law of the appellant stated that the accused was not feeling well for 2-3 years. He was in such a condition that if he is sitting will remain sitting. If he is to go then he will go and if he wishes to fall in the river then he will fall. Such was the conditions of his mind that he used to set fire in his own clothes and house. He further stated that on the day of the incident the appellant did not allow anybody to enter life house and had put a lock on the house and his children to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , and the behavior of the accused on that day came to the conclusion that the accused was insane. He also relied on the certificates issued by the doctors, mentioned above. He further found support in the absence of motive for the crime. He also relied on the fact that the appellant's khalayan adjoined the khalayan which was set on fire by him and if the appellant had been sane he would not have taken the risk of having his own khalayan burnt, which was most likely. 13. The High Court, with respect, erred in differing from the Trial Court. The High Court observed that the appellant had not examined in defence any expert in mental diseases to substantiate his plea of legal insanity. It is expecting rather a great deal from a poor vill ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... merely conduct not confirming to the accepted pattern of human behavior. Such evidence is inadequate to establish that there was such an impairment of cognitive faculties of the accused as to render him legally insane. With respect, it is not necessary that every insane person should have homicidal tendencies. In this case he is not charged for an offence involving homicide but arson. 16. Although the High Court discarded the medical evidence, it took account of its own observations, when it stated : We had an opportunity to observe the accused, who was produced before us by the learned Counsel, and he appeared to be a man of normal understanding. We also find that in answering questions which were put to him by the court under Sec ..... X X X X Extracts X X X X X X X X Extracts X X X X
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