receiving the treatment. To put it simply, he
claimed the defence of insanity under Section 84 IPC. The
defence also examined DW-2, Dr. Vimal ... insanity
were prescribed to the respondent who continued to take these
medicines, post epileptic insanity.
26. Another witness who was produced by the defence
trial court. Adding to that, the appellant
had taken a specific defence of insanity. That means there is
implied admission of his action. Though ... appellant had taken
a defence that someone else had assaulted Santha and
Damodaran that defence was not pursued, whereas the defence
evidence was adduced
verdict passed
on 09.03.2011. The Trial Court brushed aside the plea/defence of
insanity, holding that there was nothing on record to show that ... raises the plea, ie., the accused. So as to invoke the defence of
insanity under Section 84 of the IPC, it has to be clearly
verdict passed
on 09.03.2011. The Trial Court brushed aside the plea/defence of
insanity, holding that there was nothing on record to show that ... raises the plea, ie., the accused. So as to invoke the defence of
insanity under Section 84 of the IPC, it has to be clearly
insanity. Probability factors
available from the evidence adduced by the prosecution supporting the plea of insanity
are sufficient to discharge the defence of the burden ... contrary is proved. It would be most dangerous to admit the defence of insanity
upon arguments derived merely from the character of the crime
special burden that rests on the accused to
make out his defence of insanity."
19. After referring to various text books and the earlier ... such a
mental disturbance is not equivalent to the legal insanity required
as defence under Section 84 IPC.
23. DW4 Dr. Madan Lal only
failed to prove the same
and accordingly rejected the defence of insanity. On the basis of
evidence on record, the learned Addl Sessions Judge ... exception under Section 84 of IPC was
upon the defence and the defence has failed to discharge the said
burden. It is contended that nothing
State vs . 1. Ritu Kapoor on 13 April, 2011
IN THE COURT OF Dr. KAMINI
guilt subject to what I have
already said as to the defence of insanity and Subject also to any stationary
Pushp Lata
guilt subject to what I have
already said as to the defence of insanity and Subject also to any stationary
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