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The State Of Maharashtra vs Sunil Rama Kuchkoravi on 1 October, 2024 cites

Shaikh Mohd. Ali vs State Of Maharashtra on 25 August, 1972

46. At this stage, it would be advantageous to look into a decision of the Supreme Court in case of Seralli Wali Mohammed V. State of Maharashtra5. The ratio decidendi is that it would be most dangerous to admit the defence of insanity upon arguments derived merely from the character of the crime. The mere fact that no motive was proved as to why the convict 5 AIR 1972, SC 2443 30 of 71 ::: Uploaded on - 01/10/2024 ::: Downloaded on - 02/10/2024 01:16:28 ::: 901-1-2021-CONF-jud.=.doc murdered his wife and child nor the fact that he made no attempt to run way when the door was broken open, could not indicate that he was insane or that he did not have the necessary mens rea for the commission of the offence. The convict in that case was charged under section 302 of the IPC for having caused the death of his wife and a female child with a chopper. While rejecting his plea of insanity the Supreme Court observed that the law presumes every person of the age of discretion to be sane unless the contrary is proved.
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