The Bombay High Court has acquitted a man who was awarded life sentence for killing his mother eight years ago observing that the accused had a history of psychiatric illness before the crime was committed.
Hearing an appeal filed by Sanjay Satam, Justices V K Tahilramani and P D Kode observed "the appellant had a history of psychiatric illness much prior to the incident. In jail, he was given treatment for his mental illness and even as of today he is receiving treatment for his mental illness."
The judges accepted arguments of lawyer Arfan Sait that Sanjay's mental illness was to such an extent that he was given five electric shocks i.E. Electro convulsion therapy, in addition to other treatment.
"The unsoundness of mind before and after the incident is a relative fact. It has to be seen in the totality of the circumstances in the light of the evidence on record which shows that the appellant was suffering from severe psychiatric disturbance," the bench remarked recently.
From the circumstances of the case, an inference can be reasonably drawn that the appellant was suffering from a bout of insanity at the relevant time, the judges remarked.
"Having regard to the nature of burden of proof on the appellant, we are of the view that the appellant has proved the existence of circumstances as required under Section 105 of Evidence Act so as to get benefit of Section 84 of IPC," the bench noted.
There is a reasonable doubt that at the time of commission of the crime, by reason of unsoundness of mind the appellant was incapable of knowing the nature and consequences of the act or that it was wrong or contrary to law and thus he is entitled to the benefit of IPC Section 84, the judges held.
Madhukar and Suhasani Satam had two sons, Rajesh and Sanjay who lived in Dombivali and Thane respectively. On weekdays, the couple used to stay with Rajesh and lived with Sanjay on weekends.
On January 21, 2005, Madhukar was shocked to find his wife lying dead in a pool of blood in her house. A wooden log stained with blood was lying nearby and Sanjay was not traceable. Police arrested Sanjay and on July 31, 2006, he was convicted by a Thane sessions court.
