Indian Penal Code, 1860, Section 84 -- Plea of insanity - Burden and standard of proof - The burden to prove legal insanity is on accused - However, accused is not required to prove the same beyond all reasonable doubt - The standard of proof to prove insanity is only a reasonable doubt...........
Indian Penal Code, 1860, Section 302, 84 -- Murder - Plea of Insanity - Conviction - Medical report on record show accused normal - However, the medical examination of accused was only conducted during the pendency of appeal i.e. after 5 years from the incident - Further, the prosecution witnesses testified that accused mental condition was unstable both before and after..........
Indian Penal Code, 1860, Section 84 -- Plea of insanity - No act done by lunatic is an offence because a lunatic is not in the position to defend himself...........
Indian Penal Code, 1860, Section 302, 84 -- Murder of grandfather - Plea of insanity - Accused after attacking deceased with a sharp edged weapon trying to take out windpipe from neck of deceased - This action of accused was weird and abnormal - This clearly shows that accused was suffering from insanity at the time of incident - Benefit of S.84 IPC rightly extended to..........
Indian Penal Code, 1860, Section 302, 84 -- Murder of grandfather - Plea of insanity - Abnormal/insane behaviour of accused at the time of assault and immediately thereafter is worth notice - Star witness of prosecution stated that accused was fond of deceased and he loved deceased a lot - When accused was arrested, PW14 medically examined him and found that he appeared to..........
Indian Penal Code, 1860, Section 84, Evidence Act, 1872, Section 105 -- Insanity - Burden of proof - Lies on accused to prove to satisfaction of Court that one is insane while doing the act prohibited by law - Such a burden gets discharged based on a prima facie case and reasonable materials produced on his behalf - Extent of probability is one of preponderance - A person..........
Indian Penal Code, 1860, Section 302, 84 -- Murder - Plea of insanity - Accused assaulted deceased with an iron locking plate without any provocation and premeditation - There was no motive and over act attributed to accused - Factum of prior treatment of accused is not in dispute which is corroborated by AW2 on more than one occasion - Report of Government Doctor AW1 is..........
Indian Penal Code, 1860, Section 302, 307 -- Double murder - Evidence of two injured eye witnesses - Plea of insanity taken by defence not proved with preponderance of probability as per illustration u/s 105 of Evidence Act - No such circumstances are shown - Death of two deceased are proved by doctor to be homicidal in nature and M.O.I corroborates the same - Injuries on..........
Indian Penal Code, 1860, Section 302, 84 -- Triple murder case - Death sentence - Plea of insanity - Defence of accused predicated on S.84 IPC rightly rejected by Courts below being not proved - Even though accused has not been able to establish defence of insanity, he was under mental strain and stress which resulted into reaction on his part - Accused is not a person of..........
Indian Penal Code, 1860, Section 84, 302, 307, 374 -- Unsoundness of mind - Murder - Defence of insanity - Appellant charged of throwing two boys and one girl into well, out of which one boy and a girl were dragged out but one boy could not be traced - Evidence of doctors who treated accused stated that she was suffering from mental disease known as premenstrual stress..........
