Indian Penal Code, 1860, Section 302, 324, 84 -- Murder - Plea of insanity - Accused was a chronic patient of psychotics as per fresh medical report - Sister and mother of accused stated that accused had to be tied up at times and was unable to take care of himself including clothing on his person - Prosecution did not deny the fact of treatment of accused by Psychiatrist,..........
Indian Penal Code, 1860, Section 354, 324, 308, 84, Protection of Children from Sexual Offences Act, 2012, Section 10 -- Offence u/s 354, 324, 308 IPC and S.10 of POCSO Act - Plea of insanity - Version of complainant is totally contrary to contents of complaint and in conformity with alleged history given in MLC of fall from stairs - Evidence on record shows psychiatric..........
Hindu Marriage Act, 1955, Section 12(1)(b), 13(1)(iii) -- Annulment of marriage - Tests for annulment of marriage and dissolution of marriage - To make a case fall u/s 12(1)(b), a person should establish either unsoundness of mind affecting consent or mental disorder of such a kind and extent that made the respondent unfit for marriage and procreation of children or..........
Indian Penal Code, 1860, Section 302, 84 -- Murder of eight month old child by her own mother - Plea of insanity - PWs including husband of accused stated that accused is a mental patient right from date of their marriage and he never got her examined by any psychiatrist - Unsoundness of mind of accused already part of evidence as deposed by PWs - It is duty of prosecution..........
Indian Penal Code, 1860, Section 84, Evidence Act, 1872, Section 8 -- Insanity - Proof of - Absence of motive to commit offence - Cannot be ground to prove insanity...........
Indian Penal Code, 1860, Section 84, Evidence Act, 1872, Section 105 -- Insanity - Burden of proof - Is on accused...........
Indian Penal Code, 1860, Section 84 -- Insanity - Proof of - To proof insanity of accused his previous and post mental status may be considered...........
Indian Penal Code, 1860, Section 84, 302, 307, 309, Evidence Act, 1872, Section 3 -- Insanity - Offence u/ss 302, 307, 309 IPC - Appreciation of evidence - Witnesses specifically stated that accused was suffering from mental disorder for last near about 2 years prior to date of incident - Even, these witnesses were neither declared hostile nor anything has been elicited..........
Indian Penal Code, 1860, Section 84 -- Insanity - Non-filing of medical documents showing treatment of accused prior to incident - Is not fatal in light of subsequent mental condition...........
Indian Penal Code, 1860, Section 84 -- Plea of insanity - Nature of burden of proof on accused to prove insanity is no longer higher than that rests upon a party to civil proceedings - Accused could discharge his burden by showing preponderance of probabilities in his favour - Behaviour antecedents and subsequent event of accused may be relevant in finding mental condition..........
