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‘Legally Insane’ Though Not Suffering From Any Mental Disorder: Bombay High Court
The Bombay High Court passed an order, on 9th February 2019, to rule a man as ‘legally insane’ despite the fact that he was found not to be suffering from any medical disorder by the Yerwada Mental Hospital. This order was passed by the Bench comprising of Justice SS Shinde and Justice Avachat.
The accused approached the Court, challenging the judgement passed by the lower court on October 2013 which convicted him of murder and sentencing him to life imprisonment.
The facts of the case was that the accused lynched a shopkeeper of his village with a stone in the year 2012, when he refused to give him a Pepsi candy for free. He stopped only when his brother tied his hands and legs with rope. This incident was video tapped by the villagers.
But before the lower court the accused pleaded not guilty and took the defence of insanity. The appellant stated that the victim died on being mauled by a stray cow. However, the incident was witnessed by several people, who had submitted in unequivocal testimonies that they had seen the accused striking the victim repeatedly that he succumbed to death. He was therefore found guilty by the lower court.
The high court, however, did not agree with the lower court’s decision and took note of the circumstances that led to the death of the victim. It noted that the victim was lynched by the accused over such a trivial reason which a sane man would no sane man would do. It also noted that his hands and legs had to be tied with rope in order to stop him. Further, during the trial none of his family members stood by his side and therefore observing all such circumstances passed an order stating,
"These facts indicate that the appellant must not have been in his senses when he assaulted the deceased as a result of refusal to give him a pepsi, then worth Re.1. He had been under psychiatric treatment. He, by reason of not having been in his senses, did not know the nature of the act that would otherwise have constituted offence of murder. It is therefore held that the appellant has killed the deceased. Same however did not constitute the offence of murder or any other offence punishable under Indian Penal Code."
The High Court set aside the lower court’s decision and directed the accused to be detained in the Yerwada Mental Hospital, Pune for medical treatment.
While passing the order the Court observed that “he could not be set free .There is evidence to indicate the appellant to have other close relations. None of them come forward to claim him. The appellant is legally insane. It is therefore, desirable to keep him in safe custody and extend him medical treatment. The same is in the interest of the accused and the society, as well.”
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