HC acquits man of 'unsound mind' in murder case

MUMBAI: The Bombay High Court has acquitted a 41-year-old guy in a murder case, looking at that he was in an 'unsound thoughts' and could now not be held responsible for his movements.

A bench of Justices BR Gavai and Sarang Kotwal took into consideration the man's acquittal in any other case through which he was charged with murder in 2001, after he pleaded that he was suffering from paranoid schizophrenia.

The court docket rejected the prosecution's argument that if the man was acquitted, he might devote a third murder. The bench had closing month acquitted the man, a resident of Mira Road within the neighbouring Thane district, while hearing a petition filed by means of him.

The guy had challenged an order of the Thane periods court docket sentencing him to existence imprisonment in 2013.

While quashing and surroundings aside the periods court docket's order, the top court docket said, "...the appellant was incapable of knowing the nature of the act by reason of unsoundness of his mind and thus, is entitled to benefit of section 84 (act of a person of unsound mind) of the Indian Penal Code".

According to the prosecution, the man assaulted his development's watchman on November eight, 2007 with a knife for the reason that latter didn't follow his order of watering some plants at his place of abode. The guard was rushed to a health facility by means of different citizens, however he was declared lifeless.

An offence beneath section 302 (murder) of the IPC was subsequently registered at the Mira Road police station towards the man.

The accused's legal professional argued prior to the top court docket that while his shopper didn't dispute that he had dedicated the said act, he had done so beneath a spell of 'insanity.'

The trial court docket must now not have convicted him as he was entitled to benefit beneath IPC section 84 (act of an individual of unsound thoughts), he said.

The assistant public prosecutor adverse the argument and knowledgeable the court docket that the man had previously killed someone else. In that case, the trial court docket had acquitted him in September 2001, invoking provisions of IPC section 84.

The bench led by means of Justice Gavai quashed the periods court docket order calling it 'completely faulty'. The top court docket held that the accused had enough evidence of suffering from schizophrenia previous to prevalence of the incident and also after it.

"It could be seen that even if a reasonable doubt is created in the mind of the court with regard to mental condition of the accused at the time of occurrence, a benefit has to be given to the accused," the court docket said.

"We are of the considered view that the sessions court order is totally erroneous. In the present case, the appellant/ accused is entitled to the benefit of section 84 of IPC and thus, he will have to be acquitted," the bench said.
HC acquits man of 'unsound mind' in murder case HC acquits man of 'unsound mind' in murder case Reviewed by kailash soni on July 11, 2018 Rating: 5
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