Monday, October 13, 2008

Psychopath cannot escape punishment for murder: SC

Psychopath cannot escape punishment for murder: SC

New Delhi (PTI): A psychopath cannot escape punishment for committing a murder on the grounds of abnormality of mind, the Supreme Court has ruled.

"Mere abnormality of mind or partial delusion, irresistible impulse or compulsive behaviour of a psychopath affords no protection under Section 84 (IPC)," a bench of Justices Arijit Pasayat and Mukundakam Sharma observed while dismissing the appeal of a murder convict Siddhapal Kamala Yadav.

Under Section 84 IPC, a person who commits murder under the unsoundness of the mind or lunacy can escape punishment if he/she is able to prove that the killing was committed in such a state of mind.

In the instant case, Yadav on July 19, 2002 killed the victim, Dilip Sitaram Chaudhary, at Ward No 14 of Civil Hospital, Jalgaon, where both of them were undergoing treatment for certain ailments.

Yadav is said to have killed Chaudhary with an iron stand used for administering glucose to patients when there was a power cut in the hospital.

A sessions court in Jalagaon sentenced Yadav to life imprisonment and the Bombay High Court upheld the conviction following which he appealed in the apex court.

Upholding the conviction, the apex court said the evidence on record furnished by two psychiatrists who appeared in court as witnesses, Satish Patil and Subhash Badgujar, indicated that Yadav was not suffering from any mental illness at the time of the offence.

 

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