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"19. ... Once, a person is found to be suffering from mental disorder or mental deficiency, which takes within its ambit hallucinations, dementia, loss of memory and self-control, at all relevant times by way of appropriate documentary and oral evidence, the person concerned would be entitled to seek resort to the general exceptions from criminal liability."

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10. In this context, it is also useful to extract hereunder the definition of Schizophrenia given in Medical Jurisprudence and Toxicology:

“Schizophrenia”: Kraepelin, in 1896, named this disease as 'dementia praecox'. In 1911, Eugen Bleuler introduced the term 'schizophrenia' which literally means disintegration of mind. The term dementia praecox was changed because it implied that the disease always ended in dementia, which it did not. The term praecox meant that the disease developed at the time of puberty or adolescence, but in many cases developed outside that period. Since it was thought that the disease always ended in dementia, it meant a hopeless prognosis, which created a spirit of defeatism in the minds of people.” Therefore, it is amply clear that impariment cannot be developed in a day or one, in fact, it has completed to such a stage after various stages.

"schizophrenia (skiz-o-fre'ne-ah) (Gr. schizein, to divide + phren, mind). Dementia praecox, or adolescent insanity, an affection marked by melancholia and self-absorption, terminating in mental weakness."

35. Schizophrenia has been defined in Livingstone's Medical Dictionary as a group of mental illness characterised by disorganisation of the patient's personality, often resulting in chronic life long ill-health and hospitalization. In its simple form the patient is dull, withdrawn, solitary and inactive.

15.The above finding of the Psychiatric clearly shows that in fact the accused had unsound mind and was not capable of knowing neither of the act nor what was he doing either right or contrary to law. The doctors also opined that details of history of current and past of the accused could not be obtained. There was no reliable information available with him. It is to be noted that according to the prosecution he was arrested on the next day i.e. 21.11.2011 whereas the eyewitness version clearly show that on the date of occurrence, the accused was taken into custody from his house and one of the eyewitnesses version also shows that infact the accused was in his house in a senseless manner and taken to the police station. He was remanded to the http://www.judis.nic.in custody on 21.12.2011 the next day of the alleged occurrence. At the time of remand itself the Judicial Magistrate as per the evidence of PW16 directed the accused to be examined medically and as per the evidence of DW1, he was also found abnormal behaviour. Therefore he was referred to the medical officer, Psychiatric, Rajaji Hospital Madurai. Ex.C1 clearly show that infact, the accused has a feature of schizophrenia a type of major mental illness and there is also evidence to show that he was in continuous treatment in the Mental Health Hospital Chennai. On the discharge certificate issued by the Institute of Mental Health Hospital at Chennai, also shows that the accused was admitted in the Mental Health Hospital as inpatient on 27.01.2012 and taking treatment till 30.04.2012 and he has also been given treatment in the Madurai Rajaji Government Hospital. He was sent to the prison for further treatment on 30.11.2012. These facts also clearly shows that the accused was in fact, treated in the hospital for unsound mind and schizophrenia. The eyewitnesses evidence and DW2 evidence also clearly indicate that the accused was infact suffered from unsound mind even prior to the occurrence. The father of the accused evidence shows that even in the year 2005, he was given such treatment. It is further to be noted that on the date of occurrence also as per the evidence of PW2, the accused simply went to the residence after the incident and sat senselessly and taken to police station. Though the Investigation Officer has alleged that he was arrested on the next day, 17 eye witnesses in fact falsify the statement of the inspector as to the arrest and confession subsequent had. At any event on the date of remand 21.11.2011 he was found http://www.judis.nic.in with abnormal behaviour and the doctor, psychiatric department of Rajaji Government Hospital observed the accused and found that he has feature of schizophrenia. Therefore, it is strange to contend that the accused was not having any schizophrenia at the time of occurrence on 20.11.2001. It is to be noted that schizophrenia cannot be developed in a single day to contend that on the date of occurrence, the accused was alright. It is useful to extract the definition of Schizophrenia given in Medical Jurisprudence and Toxicology hereunder: “Schizophrenia: Kraepelin, in 1896, named this disease as 'dementia praecox'. In 1911, Eugen Bleuler introudced the term 'schizophrenia' which literally means disintegration of mind. The term dementia praecox was changed because it implied that the disease always ended in dementia, which it did not. The term praecox meant that the disease developed at the time of puberty or adolescence, but in may cases developed outside that period. Since it was thought that the disease always ended in dementia, it meant a hopeless prognosis, which created a spirit of defeatism in the minds of people.” From the above it is clear that impariment cannot be developed in a day or one, in fact it has completed to such a stage after various stages.