NDLI: State of U.p. Vs. Lakhmi

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Exception 1 Criminal Procedure Code 1973: S. 313 Indian Penal Code 1860: S.300
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Indian Penal Code (45 of 1860) Code of Criminal Procedure, 1973 (2 of 1974)
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Criminal Procedure Code, 1973-S. 313-Examination of Accused-Inculpatory admissions-Sub-section (4)-Words "may be taken into consideration in such enquiry or trail"--Scope of.Indian Penal Code, 1860--S.300-Accused adopting alternative defence during ,examination under Section 313, Criminal Procedure Code of unsoundness of mind-Exception I to S.300 not pleaded-When could the accused be denied benefit of the exception. S.300-Exception I-Burden of proof-On accused-Accused entitled to discharge burden either through defence evidence or through prosecution evidence showing preponderance of probability.S.300-Murder Trial-Post mortem-Non-examination of doctor-Effect of-Held,, not fatal in the instant case on account of accused admitting case was one of homicide. S.300-Exception I-Benefit of-Entitlement of accused-When. The deceased was the young wife of the respondent-Accused. With their two little children, they were living in the house of the accused. Intermittent skirmishes used to erupt between them as the deceased used to accuse the respondent-Accused for dissipating money on alcoholic' drinks. During the wee hours of 8.2.1970 accused inflicted blows with a Phali (a spade like agricultural implement) on the head of the deceased, her skull was smashed and she died on the spot Hearing the screams of the deceased-Wife, P.W. 2 who was working in the adjacent field, rushed up and peeped through the window and witnessed the accused thrashing his wife with the said weapon. In the trial, the doctor who conducted the post-mortem was not examined by the prosecution. The accused did not dispute the fact that bis wife (deceased) was murdered by inflicting blows on her head. The accused gave an answer to a question put to him in examination under Section 313 of the Criminal Procedure Code which contained his admission of killing his wife with Kunda. The Sessions Judge repelled the defence under Section 84 of the Indian Penal Code that the accused was a person of unsound mind and by reason of such impairment did not know the nature of the act committed by him, and convicted the accused under Section 302, I.P.C. and sentenced him to imprisonment for life.The accused preferred appeal in the High Court which was allowed. Hence this appeal by the State, contending that the High Court had gone wrong in not attaching any importance to the statement of the accused made under S. 313 Cr. P.C .. The contention of the respondent was that-I the doctor who conducted the post-mortem examination was not examined and in the absence of legally proved medical evidence there could be no finding that the deceased died due to blows inflicted with "Phali", 2 that the accused was a person of unsound mind and should be afforded the benefit under Section 84 I.P.C.
Judge	Hon'ble Mr. Justice K.T. Thomas
Neutral Citation	1998 INSC 86
Petitioner	State Of U.p.
Respondent	Lakhmi
SCR	[1998] 1 S.C.R. 850
Judgement Date	1998-02-12
Case Number	234

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