advanced another
plea parallelly that he was protected by the defence of legal
insanity under S.84 IPC. On his side he examined ... whatever be the defence taken up by the accused. The fact
that the defence took up the plea of legal insanity under
plea, i.e., the accused. So as to
invoke the defence of insanity under S.84 of the IPC, it has to be clearly
proved ... matter of fact, statutory rerecognition to the defence of insanity
is brought about by virtue of S.84 of the IPC, which was developed
Section 84 of the Indian Penal Code".
29. The defence of insanity has been well known in the English Legal
System for many centuries ... also accepted that insanity in medical terms is distinguishable
from legal insanity. In most cases, in India, the defence of insanity seems to
be pleaded
special burden that rests on the
accused to make out his defence of insanity."
The Hon'ble Supreme Court in Dahyabhai ... taken into consideration it would be dangerous
to admit the defence of insanity upon
arguments derived merely from the character of
the crime
even disputed by the
defence. She (PW2), however, denied the suggestion of the defence that the
accused was an insane person.
13. Broadly in tune ... shall presume absence of insanity.
2. Burden of proof of insanity is on the accused, though the
burden on the defence is not as heavy
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
Sessions Court accepted that the appellant is not
canvassing the defence of legal insanity. He only contends that
while assessing his conduct, absolute standards ... used as indices. We are satisfied that
the defence of legal insanity under Section 84 of IPC is not available
for the appellant
guilt subject to what I have already said as to the defence of insanity and
Subject also to any stationary exception
guilt subject to what I have already said as to the defence of insanity and
Subject also to any stationary exception
guilt subject to what I have already said
as to the defence of insanity and subject also to any stationary
exception ... credibility and the trustworthiness ought also to be
attributed to the defence witnesses at par with that of the
prosecution. Rejection of the defence case
