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Showing contexts for: paranoid schizophrenia in Ajithkumar vs State Of Kerala on 11 September, 2012Matching Fragments
3. The learned counsel for the appellant raised a preliminary argument that the accused was suffering from insanity, but no steps were taken by the committal court to conduct an enquiry into such allegations and for that reason itself, the accused is liable to be discharged. It is submitted that when there is material to prove that the accused was a mentally unstable person, a committal court ought to conduct an enquiry in terms of Section 328 Cr.P.C. It is submitted that when there was enough material before the committal court to come to a conclusion that the accused was of unsound mind, Section 328 of the Cr.P.C is relevant. He also places reliance on the judgment of a Division Bench of this court in State v. Baby (1981 KLT 27), Aji @ Ajith Kumar v. State of Kerala (2013 KHC 29) and the Apex Court judgment in Sajjan Kumar v. Central Bureau of Investigation (2010 (9) SCC 368). It is argued that, even otherwise when on medical evidence on record it is evident that he was under treatment for Paranoid Schizophrenia, he is entitled for the benefit under Section 84 of the IPC. He referred to the judgment in Saji v State of Kerala [2017 (3) KHC 262 (DB)] and the learned counsel also places reliance upon the fact that there is sufficient material to indicate that the accused was taken to hospital on several occasions by the jail authority.
10. Similarly, reference has also been made to what is Paranoid Schizophrenia. A text of which has been relied upon is extracted as under :
"Paranoid Schizophrenia, Paranoia and Paraphrenia:
Paranoia is now regarded as a mild form of paranoid schizophrenia. It occurs more in males than females. The main characteristic of the illness is a well-elaborated delusional system in a personality that is otherwise well preserved. The delusions are of a persecutory type. The true nature of all the illness may go unrecognised for a long time because the personality is well preserved, and some of these paranoiacs may pass of as social reformers or founders of queer pseudo-religious sects. The classical picture is rare and generally takes a chronic course.
Paranoid schizophrenia, in the vast majority of cases, starts in the fourth decade and develops insidiously. Suspiciousness is the characteristic symptom of the early stage. Ideas of reference occur, which gradually develop into delusions of persecution. Auditory hallucinations follow which in the beginning, start as sounds or noises in the ears, but later change into abuses or insults. Delusions are at first indefinite, but gradually they become fixed and definite, to lead the patient to believe that he is persecuted by some unknown person or some superhuman agency. He believes that his food is being poisoned, some noxious gases are blown into his room, and people are plotting against him to ruin him. Disturbances of general sensation give rise to hallucinations, which are attributed to the effects of hypnotism, electricity, wireless telegraphy or atomic agencies. The patient gets very irritated and excited owing to these painful and disagreeable hallucinations and delusions."
27. Scalp contusion 28x10 cm over occipital and both parietal bones of head. Subdural bleeding diffuse all over the temporal, parietal and occipital lobes of brain.
19. The accused apparently does not dispute the commission of the crime, whereas according to the defence, at the time when the incident occurred he was suffering from insanity. Five witnesses were examined as DW1 to DW5. DW1 is the Associate Professor of Psychiatry, Medical College Hospital, Kozhikode. Ext.D5 is the case sheet relating to treatment given to Ajith Kumar and Ext.D6 is the OP ticket issued in his name. He joined Medical College only on 7.9.2007. DW2 is the Professor of Psychiatric Department. He had examined the accused and Ext.D5 is the record showing the treatment given to him. His opinion is that he has suspicion and apprehends that someone may kill him and people are speaking ill of him. His opinion is that accused is suffering from Paranoid Schizophrenia. According to his finding the accused has persecutory and referential delusion and auditory hallucinations. He was under lock and key for one month from 6.7.2007 and was in continuous medication until now. He also gave evidence stating that the mental illness would have started six months earlier to July, 2007 and if medication is not given, he will turn violent and may do brutal acts. He also proved Ext.D6, OP ticket, Ext.D7, OP medical record book, Ext.D8 series of OP tickets. DW3 is the brother of accused and he deposed that accused was suffering from mental illness. He however admitted that on the previous day of the incident, he saw the accused along with his wife and children travelling in a motor bike during night to the hospital where his father was admitted. He also stated that when he went to the house of accused after the incident he found the accused sitting near the dining table and dead body of Geetha was in the room. His elder brother came and they requested the accused to open the door. His elder brother had shown the knife to the police which the police had taken custody.