Indian Penal Code, 1860, Section 302, 341, 84 -- Murder - Plea of insanity - Burden to prove insanity is on accused and accused discharged the burden by producing evidence as to his behaviour at the time of occurrence and thereafter his continuous treatment in hospital - However, burden shifts on prosecution not discharged - Though eye witnesses proved that only accused..........
Indian Penal Code, 1860, Section 84 -- Plea of insanity - Mere factum of failure on the part of accused to plead benefit of S.84 IPC, would not prevent the Court from extending benefit thereof, if facts and circumstances of case and evidence on record so warrant...........
Indian Penal Code, 1860, Section 304, 84 -- Offence u/s 304(Part I)PC - Plea of insanity - Accused killed his wife without any motive - Prior to date of incident as well as at the time of incident and thereafter, accused had been suffering from mental illness and was treated therefor - Callous manner in which crime is committed, attending circumstances clearly establish..........
Indian Penal Code, 1860, Section 302, 84 -- Murder - Plea of insanity - Evidence on record proves that accused was suffering from disease of Schizophrenia not only before the incident, but also at the time of incident as also subsequent to incident and thus entitling him to benefit of exception carved out in S.84 IPC - Burden of proving existence of circumstances bringing..........
Indian Penal Code, 1860, Section 84, Evidence Act, 1872, Section 105 -- Insanity - Burden of proving plea of insanity lies on accused...........
Indian Penal Code, 1860, Section 84, Evidence Act, 1872, Section 105 -- Insanity - Burden lies on accused to prove plea of insanity - Merely by saying about mental status of a person without any document to substantiate the same cannot be said to be proved for the purpose of accepting the plea of insanity - Oral statement must be supported by documentary evidence...........
Indian Penal Code, 1860, Section 302, 307, 325, 84 -- Murder of 2 years old girl - Plea of insanity - Accused dashed the head of deceased against the wall, as a result she died and also assaulted the mother of deceased - Plea of insanity never taken in the course of investigation, rather it was taken first time in the course of trial - No document produced by defence in..........
Indian Penal Code, 1860, Section 84 -- Legal insanity - Accused is not expected to prove legal insanity beyond doubt - Proof required is of mere preponderance of probabilities...........
Indian Penal Code, 1860, Section 84 -- Plea of insanity - Can only be taken as defence during trial - Said plea cannot be taken for throwing out Final report, as standard of proof required is only by proof through preponderance of probabilities and not proof beyond doubt...........
Civil Procedure Code, 1908, Order 32, Rule 15 -- Deaf and dumb - Mental infirmity within the meaning of O.32.R.15 CPC is not mental disorder, insanity or mental illness but infirmity caused by physical defects like deafness or dumbness also constitute weakness of mind and renders a person incapable of protecting his interests - In such a case where the person having such..........
