NDLI: Rupesh Manger (thapa) Vs. State of Sikkim

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Penal Code 1860
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Indian Penal Code (45 of 1860)
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 Referred Case 6
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Issue for consideration: High Court reversed the order of acquittal of the trial Court and convicted appellant-accused u/s.302 IPC, whether the case of the appellant-accused falls within the exception u/s. 84 of IPC or not. Penal Code, 1860 – Appellant-accused had attacked the victimdeceased with sharp-edged weapon causing his death – Appellant pleaded insanity: Held: During preliminary examination, CW-1-doctor categorically deposed that going by the case history of the accused prepared by the Hospital, appellant had earlier been treated for acute and transient psychotic disorder – As per the opinion of this witness, the appellantaccused seemed to have major depressive disorder with psychotic feature – On examination, the appellant-accused was found to have partially impaired judgment due to perceptive auditory hallucinations – The medicines prescribed were for the accused’s psychiatric ailments and the ailment was relapse able and there is every chance of attack anytime – Apart from the above medical evidence, the abnormal/insane behaviour of the appellant-accused at the time of the assault – In her cross-examination, PW-13 admits that accused-appellant even told her that he did not know as to what he had done to his grandfather/deceased – The other villagers who reached at the spot soon after the incident have stated that when they arrived at the spot the appellant-accused was present and was not trying to fl ee from there – This behaviour of the appellant-accused was not of a normal person – Also, when the appellant-accused was arrested, PW- 14 medically examined him and found that he appeared to be clinically under the infl uence of some psychotropic substance – It is also to be seen that after the appellant-accused attacked the deceased by a sharp-edged weapon which was later snatched by PW-1, he was trying to take out the windpipe from the neck of the deceased which was already cut – This action of the appellant-accused was weird and abnormal – This is clearly indicative of the fact that he was suff ering from insanity at the time of incident – Therefore, the High Court erred in setting aside the judgment of acquittal rendered by the Trial Court. [Paras 16, 17 and 18] Appeal – Appellate Court – Reversal of acquittal: Held: It is settled that the judgment of acquittal can be reversed by the Appellate Court only when there is perversity and not by taking a diff erent view on reappreciation of evidence – If the conclusion of the Trial Court is plausible one, merely because another view is possible on reappreciation of evidence, the Appellate Court should not disturb the fi ndings of acquittal and substitute its own fi ndings to convict the accused. [Para 24] Penal Code, 1860 – s. 84 – Legal insanity and medical insanity – discussed. Code of Criminal Procedure, 1973 – Chapter XXV – discussed.
Judge	Hon'ble Mr. Justice Prashant Kumar Mishra
Neutral Citation	2023 INSC 826
Petitioner	Rupesh Manger (thapa)
Respondent	State Of Sikkim
SCR	[2023] 12 S.C.R. 578
Judgement Date	2023-09-13
Case Number	2069-2070

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