Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Penal Code 1860: s. 84 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Administrative Tribunals Act, 1985 (13 of 1985) |
Case(s) Referred | Referred Case 0 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Penal Code, 1860: s. 84 - Applicability of - 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 - Burden to prove unsoundness of mind u/s. 105 of Evidence Act is on the accused - In order to ascertain that, it is imperative to take into consideration the circumstances and the behaviour preceding, attending and following the crime - Even if the accused establishes unsoundness of mind, s. 84 will not come to its rescue, in case it is found that the accused knew that what he was doing was wrong or that it was contrary to law - In the instant case, the case of the accused did not come within the exception contemplated u/s 84 - The prosecution had proved that immediately after the accused shot dead the deceased, he threatened his driver of dire consequences - Not only that, he ran away from the place of occurrence and threw the weapon of crime in the well in order to conceal himself from the crime - The said conduct of the accused subsequent to the commission of the offence clearly suggest that he knew that whatever he had done was wrong and illegal - Moreover, the fact that the accused was running a medical shop showed that he was mentally fit for same - The accused though suffered from certain mental instability even before and after the incident but from that one cannot infer on a balance of preponderance of probabilities that he at the time of the commission of the offence did not know the nature of his act that it was either wrong or contrary to law - Evidence Act, 1872 - s.105. Words and phrases: Expression 'unsoundness of mind' - Meaning of. |
Judge | Hon'ble Mr. Justice C.K. Prasad |
Neutral Citation | 2011 INSC 17 |
Petitioner | Surendera Mishra |
Respondent | State Of Jharkhand |
SCR | [2011] 1 S.C.R. 133 |
Judgement Date | 2011-01-06 |
Case Number | 177 |
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