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Aruval

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the plea of insanity under Section 84 of the Indian Penal Code, 1860 (in short ‘the IPC’).= Another factor which goes against the appellant accused is that he himself was examined as a defence witness No.3. According to learned trial Judge, as a witness, he made his statement clearly and cogently and it was also observed that he was meticulously following the court proceedings, acting suitably when the records were furnished for perusal. The trial Judge has also pointed out that during the entire proceedings, the accused has nowhere stated that he was insane earlier to the date of incident. The trial Judge, after noting his answers in respect of the questions under Section 313 of the Code of Criminal Procedure, 1973 has concluded that the accused could not be termed as an “insane” person. – there is no evidence as to the unsoundness of mind of the appellant-accused at the time of the occurrence, namely, on 05.11.2001 and also taking note of the fact that the accused failed to discharge the burden as stated in Section 105 of the Evidence Act, we fully agree with the conclusion arrived at by the trial Court and affirmed by the High Court.

Page 1     REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 926 OF 2009 Mariappan …. Appellant(s) Versus State of Tamil Nadu …. Respondent(s) J U D G M E N T P.Sathasivam, J. 1) This appeal has been filed against the final judgment and order dated 17.10.2006 passed by … Continue reading

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