Indian Kanoon - Search engine for Indian Law

On the other hand, learned counsel for the appellant to establish the plea of unsoundness of mind, drew our attention to the depositions of Dr. Arun (DW2) and Dr. Pramod (DW3). The case history and other proved medical record shows that the appellant was suffering from paranoid schizophrenia. He was an indoor patient at a Government hospital from 28th October, 1993 to 5th November, 1993 for getting treatment for the said ailment. It further stands established that he was suffering from this disease at least from 20th April, 1992. He was examined by DW3 on 20th April, 1992 having visited the said doctor with his wife. It also stands established that 25 times he was taken to hospital for treatment of his mental ailment from 27th June, 1994 to 5th December, 1994. DW2 deposed that the appellant was examined by him on 27th October, 1993. He suffered from suspicious idea persecutory delusions, loss of sleep and excitement and was diagnosed as paranoid schizophrenia. The appellant was intermittently becoming apprehensive and excited. DW3 deposed that on 20th April 1992, he examined the appellant brought by his wife. There was history of psychiatric illness in father at the age of 65 years and in 1989 his father ran away from the house. People used to take advantage of his mental condition and cheat him. After marriage his mental condition worsened. On examination, he was found suffering from paranoid schizophrenia. The patient had visual hallucination (seing images of wife and children). He was brought to hospital 25 times as above. Paranoid schizophrenia is a mental disease. It can recur. When a person is under paranoid delusion, he is not fully aware of his activities and its consequences.

Was the commission of offence a result of extreme anger or unsoundness of mind is the question to be decided?

From the aforesaid evidence, it has been proved that there was a family history of psychiatric illness. The father of the appellant was suffering from the ailment at the age of 65 and in 1989 his father ran away from the house.

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 develops into delusions of persecution. Auditory hallucinations follow, which in the beginning, start as sounds or noises in the ears, but are afterwards changes 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 gives 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 prosecutory 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 money and orientation and does not show signs of insanity, until the conversations is directed to the particular type of delusion from which he is suffering. When delusions affect his behaviour, he is often a source of danger to himself and to others. [Modi's Medical Jurisprudence and Toxicology (22nd Edn.)] Further, according to Modi, the cause of schizophrenia is still not known but hereditary plays a part. The irritation and excitement are effects of illness. On delusion affecting behaviour of patient, he is source of danger to himself and to others.

In view of the medical evidence, Mr. Arun Pednekar, learned counsel appearing for the State, very rightly submitted that the prosecution cannot question that the appellant was suffering from unsoundness of mind prior to and after the date of the commission of the offence. Even otherwise, it stands proved from the aforesaid evidence of depositions of the Government Doctors who, it appears, deposed on the basis of the medical record, that the appellant was suffering from paranoid schizophrenia long before the commission of the offence and the ailment continued thereafter as well. What has, however, been urged by Mr. Pednekar is that the appellant has failed to prove that he was suffering from unsoundness of mind at the time of commission of the offence. The submission is that the fact that the appellant was suffering from the ailment before or after the commission of the offence is of no consequence when the appellant has failed to prove he was suffering from that ailment at the time when the offence was committed. The burden to prove that the appellant was of unsound mind and as a result thereof he was incapable of knowing the consequences of his acts is on the defence. Section 84 IPC is one of the provision in Chapter IV IPC which deals with "general exceptions". That section provides that nothing is an offence which is done by a person who, at the time of doing it, 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 burden of proving the existence of circumstances bringing the case within the purview of Section 84 lies upon the accused under Section 105 of the Indian Evidence Act. Under the said section, the Court shall presume the absence of such circumstances. Illustration (a) to Section 105 is as follows :] "(a) A, accused of murder, alleges that, by reason of unsoundness of mind, he did not know the nature of the act.

an attack of paranoid schizophrenia.

At this stage, it is necessary to notice the nature of the burden that is required to be discharged by the accused to get benefit of Section 84 IPC. In Dahyabhai Chhaganbhai Thakker v. State of Gujarat [(1964) 7 SCR 361] this Court has held that even if the accused was not able to establish conclusively that he was insane at the time he committed the offence, the evidence placed before the Court may raise a reasonable doubt in the mind of the Court as regards one or more of the ingredients of the offence, including mens rea of the accused and in that case the court would be entitled to acquit the accused on the ground that the general burden of proof resting on the prosecution was not discharged. The burden of proof on the accused to prove insanity is no higher than that rests upon a party to civil proceedings which, in other words, means preponderance of probabilities. This Court held that :