offences punishable under Section 302 read with Section 34
and Section 324 of the Indian Penal Code, 1860 (for short " IPC ... committed
the crime, in the sense laid down by Section 84
of the Penal Code: the accused may rebut it by
placing before the court
provision of Section 84 of IPC contained
in Chapter IV of IPC , reads as under :-
"84. Act of a person ... queer, are not sufficient to attract the application of Section 84
of the Penal Code."
12] In view of the aforesaid exposition
probabilities and
circumstances as appearing from the case. Section 84 of the
Indian Penal Code reads as under :
::: Downloaded on - 14/08/2015 ... should depose against accused, and
not in his favour. We find Section 84 of I.P.C. does not aid
accused.
34. The counsel
under Section 105 of the Indian Evidence
Act to make out his case an exception under Section 84 of the
IPC ... Section 105 of the Indian Evidence Act and has established the
plea of insanity available to him under Section 84 of the IPC
taken up the defence of unsoundness
of mind contemplated under Section 84 of the IPC, he
has not been seriously disputing the incident ... sufficient to discharge the burden to derive the
benefit of Section 84 of the IPC. He submitted that the
evidence
crime, in the sense laid down by s. 84
of the Indian Penal Code: the accused may
rebut it by placing before the court ... purview
of Section 84 lies upon the accused under Section
105 of the Indian Evidence Act. Under the said
section, the court shall presume
IPC. It has been
categorically laid down in section 84 of IPC that "nothing is an offence
which is done ... wrong or contrary to law.'
The aforesaid provision of Sec.84 of IPC provides protection to
the person of unsound mind from
Indian Penal Code . It
is titled as "General Exceptions". This chapter starts from
section 76 and ends at section 106. Thus, General
Exceptions ... accused, plea raised is of insanity.
Such plea is available under section 84 IPC which reads:
"S. 84. Nothing is an offence
mentally
unsound and therefore the benefit of Section 84 of the Indian Penal Code
be given to him. That it was the duty ... creates serious doubt and
therefore the benefit of Section 84 of the Indian Penal Code may be given
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::: Uploaded on - 04/12/2018
petitioner clearly fell within the ambit
of Section 84 of the Penal Code. To lend support to this
submission, Mr. Merchant placed a strong reliance ... entitled to the benefit of the exception contained in Section
84 of the Penal Code. In the said context, the Rajasthan High
Court enunciated
