JUDGEMENT
MILIND N.JADHAV,J. -
(1.)The learned ad-hoc Additional Sessions Judge, Sangli, by judgment and order dtd. 29/05/2003, has acquitted Respondent Nos. 1 and 2 of offences punishable under Sec. 302 read with Sec. 34 and Sec. 324 of the Indian Penal Code, 1860 (for short "IPC "). The State of Maharashtra is in appeal against the said judgment and order acquitting Respondent Nos. 1 and 2 in Sessions Case No. 157 of 2002. A notable feature in this case is the defence of insanity pleaded by Respondent No. 1 under the provisions of Sec. 84 IPC, which carves out an exception that an act will not be an offence if done by a person who, at the time of doing the same, by reason of unsoundness of mind, is incapable of knowing the nature of the act or that he is doing what is either wrong or contrary to law. The Trial Court has arrived at a conclusion that the Respondent No. 1 was suffering from paranoid schizophrenia and has succeeded in proving insanity within the meaning of Sec. 84 IPC at the time of commission of the act and hence deserved acquittal.
(2.)Respondent No. 2 is the mother of Respondent No. 1. Deceased victim Padmakar and Respondent No. 1 were carrying on their business of selling groceries and coconuts in the vicinity of the temple of Sri Siddhanath in Kharsundi Village, Taluka Atpadi. According to the Prosecution, there was a quarrel between the two in relation to the business of selling coconuts to the devotees visiting the temple and the business of the Respondent No. 1 was adversely affected.
(3.)On 22/7/2002, at about 4:30 PM, deceased Padmakar was sitting on his motorcycle near the house of one teacher called Kazi Guruji, waiting for his wife Alka and nephew Shivkumar, intending to take them to their agricultural field, located at Atpadi Road. As Alka was proceeding towards the motorcycle along with Shivkumar, Respondent No. 2 met her on the way and enquired about the whereabouts of Alka 's mother-in-law. Thereafter, Alka and Shivkumar both sat on the motorcycle when suddenly the Respondent No. 1 approached them from behind and jabbed a knife into the neck of Padmakar, thereby injuring him. All three - Padmakar, Alka and Shivkumar - fell down to the ground from the motorcycle. Respondent No. 1 then proceeded towards Padmakar to stab him with the knife for a second time, but Alka pushed him back and, in that process, the knife slashed Alka on her left hand, thereby injuring her. Meanwhile, Padmakar got up and started to proceed towards his house, and on seeing this, Respondent No. 1 followed him. Just as Padmakar was opening the shutter of his shop / house, Respondent No. 1 caught hold of the collar of Padmakar 's shirt and pushed him to the ground. Respondent No. 1 then sat on Padmakar and stabbed him in his chest and hands.
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