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condition of the accused are attentive, co-operative, increased psychomoto activity, increased talk, irritable mood and delusion of persecution. Elaborating on the meaning of the term 'persecution', DW2 opined that the patient is guided by some other spiritual force. DW2 further opined that his diagnosis as per the record is paranoid schizophrenia. He noted that the patient was having psychotic symptoms like suspiciousness, delusional behaviour, disorganised behaviour and emotional blunting. DW2 clarified that emotional blunting connotes emotional response of the patient, which may not be proper to the situations or to the questions asked. DW2 concluded that these symptoms are typical for the patients having paranoid schizophrenia.
26. On cross-examination, DW2 stated that he had seen the patient only on 5.4.2009 and he had no occasion to see the patient before the said date.

Going by the records, according to him, the patient :-21-:

came for consultation on 13.7.2007,15.7.2007 and 9.11.2012 respectively. He also confirmed that paranoid schizophrenia is not curable.
27. The law presumes that every person committing an offence is legally sane and is liable for the natural and probable consequence of his own acts, though in specified circumstances it may be rebuttable. Under Section 105 of the Indian Evidence Act, when a plea of insanity is raised by the accused, the burden is on the accused to substantiate the plea.
and the relevant paragraphs 10 and 11 are quoted hereinbelow:-
"10. What is paranoid schizophrenia, when it starts, what are its characteristics and dangers flowing from this ailment? 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 afterwards 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. Since so many people are against him and are interested in his ruin, he comes to believe that he must be a very important man. The nature of delusions thus may change from persecutory to the grandiose type. He entertains delusions of grandeur, power and wealth, and generally conducts himself in a haughty and overbearing manner. The patient usually retains his memory and orientation and does not show signs of insanity, until the conversation is directed to the particular type of delusion from which he is suffering. When delusions affect his behaviour, he is :-27-:
would have been an offence of murder.

37. Judged by the provisions contemplated under Sections 335 and 338 of the Code of Criminal Procedure, we are of the view that the appellant is to be detained in safe custody in terms of Section 335(1)

(a) of the Code of Criminal Procedure. Considering the fact that paranoid schizophrenia is a dangerous mental illness, we are of the further view that at this stage, it is not in the interest of justice to deliver the appellant for the time being to any relative or friend of the appellant as provided under Section 335(1)(b) of the Cr.P.C.