Anant Pundlik Patkar (D.W. 2) in support of his defence of insanity under Section 84 I.P.C. The burden is always ... raised by the appellant-accused. The defence examined Dr. Patkar (D.W. 2) to substantiate the defence of insanity set up by him. Dr. Patkar
notable feature in this case is the defence of insanity pleaded by
Respondent No. 1 under the provisions of Section 84 IPC, which carves ... immediately after the incident disentitles him to plead the defence of
insanity. He submits that:
i. The Respondent No. 1 was completely aware
Netra Thapa (CW-1), Consultant Neuro Psychiatrist.
Although, the defence of insanity has not been expressly pleaded by the
appellant-accused in his examination under ... special burden that rests on the accused to make out his
defence of insanity…
The doctrine of burden of proof in the context
plea
and conducted the trial.
4. The appellant took the defence of insanity under
Section 84 of the IPC. He also led evidence to show ... learned Additional Sessions Judge has not
appreciated the defence appropriately. The specific
defence of insanity was taken and was duly
substantiated by leading cogent
accused appellant is entitled to be extended the benefit of
defence of insanity as provided under Section 84 IPC. As per
him, the defence well ... under Section 329 CrPC
and not extending him the benefit of defence of insanity by
virtue of Section 84 IPC.
19. Accordingly, the appeal deserves
contrary learned A.G.A. argued that defence of insanity is an after thought. It has been established that appellant was neither talking incoherently ... special burden that rests on the accused to make out his defence of insanity.
24. In the case of Sharali Wali Mohammad v. State
blows. He also expressed that he appears to be an insane. The
main defence of the appellant is insanity.
7. Learned counsel for the appellant ... wherein it has been held that if defence of insanity is taken,
then to claim the benefit of said defence accused would have to
prove
K. M. Nanavati vs State Of Maharashtra on 24 November, 1961
Equivalent citations: 1962 AIR
guilt subject to what I have already said as to the defence of insanity and subject also to any statutory exception.....No matter what ... laid it down that, save in the case of insanity or of a statutory defence, there was no burden laid on die prisoner to prove
Investigating Officer when interrogated. e.g. if a plea of self defence or insanity if has been pressed into service from inception, whether Investigating Officer
