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8 By examining DW1, accused has tried to bring on record that at the time when the offence was committed, he was suffering from Paranoid Schizophrenia.

9 During the argument , Ld cl for the accused submitted that in the present case from the record it is evident that accused was suffering from Paranoid Schizophrenia, which is a severe mental disease. He SC No. 46/14 State vs Hasin Ahmed (Page 8 of 54 ) D.O.D 15.10.2014 P.S South Rohini u/s 302 IPC has taken to me the testimonies of prosecution witnesses and contended that accused during the relevant time used to throw stones towards the public and he was being called 'Pagal'. By drawing my attention towards the orders of this court dated 03.07.2012 and 14.09.2012, Ld Cl submitted that accused was examined by the Medical Board of IHBAS and accused was diagnosed as a case of Paranoid Schizophrenia and consequently , was declared not to fit to stand trial. That being so, accused is protected by section 84 IPC.

5.Suresh Sitaram Surve v. State of Maharashtra,2003 I AD(Cr) SC 21 11 Per contra, Ld Adll PP for the state contended that in the given facts and circumstances of the case no benefit under section 84 IPC can be given to the accused as there is nothing on record to show that at the time when offence was committed, accused was suffering from Paranoid Schizophrenia.

32 One of the contention projected by Learned Counsel for the accused is that at the time of the alleged incident, the accused was suffering from "Paranoid Schizophrenia" and, hence, he is entitled to the benefit of exception under Section 84 of Indian Penal Code.

schizophrenia and its effect on a person. He deposed that on 31.7.2013, he had examined the patient accused Hasin Ahmad and he was diagnosed as a case of paranoid schizophrenia. He deposed that he cannot comment if he was a case of paranoid schizophrenia in January 2012 i.e on the date of incident as at that time, accused was not examined by them. DW1 further deposed that paranoid schizophrenia may get treated and patient is asymptomatic (free of symptoms) and this disease is treatable definitely. The testimony of DW1 does not indicate anything that on the date of incident i.e 1.1.2012, accused Hasin Ahmad was suffering from paranoid schizophrenia and he was insane .