Indian Penal Code, 1860, Section 302, 84 -- Murder - Plea of insanity - Accused alleged to have brutally killed his own mother using `latth' - He even threatened to kill his brother and other relatives who reached the spot - Accused failed to prove that he was an insane person as no doctor had been examined on his behalf to prove the alleged insanity at the time of murder..........
Constitution of India, 1950, Article 32, 21, 72, 161 -- Death sentence - Delay in disposal of mercy petition - Held, insanity is one of the supervening circumstances that warrants for commutation of death sentence to life imprisonment...........
Indian Penal Code, 1860, Section 302, 84, Evidence Act, 1872, Section 105 -- Murder - Plea of insanity - Accused diagnosed as suffering from major depression and nothing more - Nothing on record to show that accused was given any psychiatric treatment - Fact that after stabbing child, accused attempted to slit his throat and commit suicide, belied all contentions that he..........
Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995, Section 62, 47 -- Dismissal of appellant during her insanity - Violative of S.47(1) of the Act - Commissioner declaring dismissal as void - No infirmity - Held, interference by High Court, not proper...........
Indian Penal Code, 1860, Section 84, 302 -- Murder - Plea of insanity - As per medical evidence accused was suffering from Paranoid Schizophrenia and remained under treatment for about a month - Accused committed the murder 3 months after treatment - No material to show that after treatment accused was suffering from said disease - Accused failed to prove plea of insanity..........
Indian Penal Code, 1860, Section 84 -- Plea of insanity - Accused was suffering from insanity on the date of incident - Incident happened on 18th of February, 1996 and even before challan was filed on 26th April, 1996, accused had been sent to Medical Hospital, Jaipur for treatment - She had remained admitted in hospital for treatment till 12th October, 1999 when she had..........
Indian Penal Code, 1860, Section 84, 302, Evidence Act, 1872, Section 105 -- Murder - Plea of insanity by the accused - Held, initial burden of proving the offence always rests on the shoulders of prosecution and the same never shifts - However, in the event of plea of insanity is taken by accused, burden of proving such plea lies upon the accused - Accused can discharge..........
Indian Penal Code, 1860, Section 84 -- Mere taking treatment in the mental hospital itself is not sufficient proof of total insanity of a person...........
Indian Penal Code, 1860, Section 84 -- No evidence that accused was insane at the time of commission of offence or even before that - Mere taking treatment in the mental hospital itself is not sufficient proof of total insanity of a person - Accused gave appropriate answers in reply to the questions put to him u/s 313 Cr.P.C. which is a corroborative fact situation - Held,..........
Indian Penal Code, 1860, Section 84 -- Unsoundness of mind at the time of commission of offence - Accused who seeks exoneration from liability of an act u/s 84 IPC is to prove legal insanity and not medical insanity...........
