Insanity plea saves Mum man after 2nd murder

MUMBAI: For the second one time in close to two decades, a Mira Road resident has were given the good thing about his “insanity plea” in a murder case. The Bombay top court lately acquitted the 46-year-old man, charged with murdering his building watchman in 2007.

A department bench of Justices Bhushan Gavai and Sarang Kotwal stated the accused, Ilyas Shaikh (title modified), had led “enough evidence” and a “reasonable inference might be drawn that, at the related time of commission of crime, he used to be incapable of knowing the character of the act by explanation why of unsoundness of his mind and used to be entitled to (the) benefit of Section 84 of the Indian Penal Code.” In 2001, Shaikh had similarly been acquitted by a trial court for the murder of some other man.

Section 84 of IPC says “nothing is an offence which is completed by an individual who, at the time of doing it, by explanation why of unsoundness of mind, is incapable of knowing the character of the act, or that he's doing what is both wrong or opposite to law.”

“Even if a cheap doubt is created within the mind of the court with regard to mental situation of the accused at the time of occurrence, a benefit needs to be given to the accused,” stated the bench, ruling that the trial court order convicting Shaikh for the 2007 murder used to be “utterly misguided.” The court ordered Shaikh to be released from prison if he used to be now not wanted in any other case.

In July 2007, Shaikh used to be observed by his neighbours inflicting blows with a knife on watchman Devendra Thapa. When requested, he stated Thapa had refused to water the crops in his space. Police have been informed and Thapa used to be taken to medical institution, where he died. A sessions court in Thane held Shaikh responsible and sentenced him to lifestyles imprisonment. Shaikh did not dispute that the crime were dedicated by him however resorted to the defence of insanity, claiming he were under treatment for paranoid schizophrenia.

Shaikh’s legal professionals cited the 2001 judgment of a trial court acquitting him for the murder of one Manjit Kavetia.

The trial court if so had noticed that despite the fact that the prosecution had proved it used to be Shaikh who had dedicated the crime, he used to be entitled to the good thing about Section 84 and had acquitted him.

The HC took under consideration the fact the medical record published that Shaikh had a previous history of mental sickness, as evidenced from his acquittal in 2001. Further, right away after the incident, he used to be admitted to medical institution for treatment for paranoid schizophrenia. A medical record prepared in 2008 by the mental medical institution in Thane, where Shaikh used to be admitted after the murder, had stated that “right through examination of patient he may be commonplace or is probably not. There is no repair (sic) period for revival of same signs.”

The HC referred to Supreme Court judgments on the factor which stated that for an accused to turn out he used to be sick at the time of the crime, it needs to be proved he used to be of unsound mind before and after the incident.

“It may just thus be observed that the burden which is on the accused to turn that he used to be affected by schizophrenia previous to occurrence of the incident and in addition after the aforesaid incident, has been discharged by him,” the judges stated.

Insanity plea saves Mum man after 2nd murder Insanity plea saves Mum man after 2nd murder Reviewed by kailash soni on July 11, 2018 Rating: 5
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