Indian Penal Code, 1860, Section 302, 307, Criminal Procedure Code, 1973, Section 374 -- Murder - Appeal against conviction - Plea of insanity of accused - Accused allegedly resisted his arrest by firing upon fellow police officials - As per evidence on record accused was normal and fully conscious of his actions - Incident was result of anger and not insanity - Conviction..........
Indian Penal Code, 1860, Section 302, 84 -- Insanity - Burden of proof - Every person who is mentally deceased is not ipso facto exempted from criminal responsibility - Court is concerned with legal insanity and not medical insanity - Burden of proof rests on accused and is not so onerous as that upon the prosecution to prove that the accused committed the act with which..........
Indian Penal Code, 1860, Section 84 -- Insanity - Conduct of accused - Where during investigation previous history of insanity is revealed, it is duty of an honest investigator to subject the accused to a medical examination and place that evidence before the Court and if this is not done, it creates a serious infirmity in the prosecution case and the benefit of doubt has..........
Indian Penal Code, 1860, Section 84 -- Insanity - Absence of motive - Mere absence of motive for a crime cannot in the absence of plea of proof of legal insanity can bring the case of accused under S.84 IPC - Order of trial Court and High Court in convicting accused under S.302 IPC upheld - Appeal dismissed...........
Indian Penal Code, 1860, Section 84, Evidence Act, 1872, Section 105 -- Insanity - Burden of proof - Burden of proof rests on an accused to prove his insanity which arises u/s 105 of Evidence Act and is not so onerous as that upon the prosecution to prove that accused committed the act with which he is charged - Burden on accused is no higher than that resting upon a..........
Indian Penal Code, 1860, Section 84 -- Insanity - Conduct of accused - If during investigation previous history of insanity of accused is revealed it is duty of investigator to subject him to medical examination and place the evidence on record and if this is not done it creates a serious infirmity in the prosecution case and benefit of doubt has to be given to accused -..........
Indian Penal Code, 1860, Section 84 -- Insanity - Absence of motive - Mere absence of motive for a crime cannot in the absence of plea and proof of legal insanity can bring the case u/s 84 of IPC - Held, that S.84 IPC has no application in the facts and circumstances of the present case - Order of trial Court and High Court convicting appellant u/s 302 IPC confirmed...........
Indian Penal Code, 1860, Section 84 -- Insanity - Four type of persons not of sound mind are : (1) an idiot; (2) one made non compos by illness (3) a lunatic or a made man and (4) one who is drunk - An idiot is one who is of non-sane memory from his birth, by a perpetual infirmity, without lucid intervals; and those are said to be idiots who cannot count twenty, or tell..........
Indian Penal Code, 1860, Section 84 -- Unsoundness of mind - Every person, who is mentally diseased, is not ipso facto exempted from criminal responsibility - A distinction is to be made between legal insanity and medical insanity - Court is concerned with legal insanity, and not with medical insanity - Burden of proof rests on an accused to prove his insanity and is not..........
Indian Penal Code, 1860, Section 84 -- Unsoundness of mind - Previous history of insanity when revealed - Investigator has to subject the accused to medical examination and place that evidence before Court - If this is not done, it creates a serious infirmity in the prosecution case and the benefit of doubt goes to the accused - Onus, however, has to be discharged by..........
