Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Defence of insanity Murder |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Penal Code, 1860 - ss. 84, 299, 302 and 449 - Murder - Defence of insanity - Accused-appellant repeatedly assaulted his paternal aunt with a 'aruval' and thereby caused her death - Conviction of appellant by trial court and High Court - Challenged - Plea of insanity by appellant seeking protection u/s.84 IPC.:... Held: Physical and mental condition of the accused at the time of commission of offence, is paramount for bringing the case within purview of s.84- ln the case on hand, no evidence as to the unsoundness of mind of the appellant-accused at the time of the occurrence - Appellant had come to the house of the deceased one day prior to the occurrence, demanded money and threatened the deceased of grave consequences and on the next day, when the demand was not fulfilled, he trespassed into the house, pushed away PWs 1 and 2, bolted the door from inside and inflicted repeated 'aruval' blows on the deceased which resulted into her death - All these aspects also show that at the relevant time, appellant was not insane as claimed by him - Further, appellant was examined as a defence witness and according to the trial Judge, as a witness, he made his statement clearly and cogently and meticulously followed the court proceedings - The trial Judge, after noting appellant's answers in respect of the questions u/s. 313 CrPC concluded that he could not be termed as an insane" person - Burden of proving an offence is always on the prosecution and never shifts, however, existence of circumstances bringing the case within exception u/s.84 IPC lies on the accused - Appellant failed to discharge the burden as stated in s. 105 of the Evidence Act - Evidence Act, 1872 - s.105. |
Judge | Honble Mr. Justice P. Sathasivam |
Neutral Citation | 2013 INSC 273 |
Petitioner | Mariappan |
Respondent | State Of Tamil Nadu |
SCR | [2013] 4 S.C.R. 273 |
Judgement Date | 2013-04-18 |
Case Number | 926 |
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