VidhiSangh

Supreme Court of India · 12/01/2023

PRAKASH NAYI @ SEN versus STATE OF GOA

[2023] 1 S.C.R. 823 · 2023 INSC 24

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Summary

In 2004 the appellant, without motive or provocation, killed his relative at a store in Goa where he worked, using an iron plate. Afterwards he sat at a bus stand and made no attempt to flee. He had earlier been treated as an in-patient with medication used for schizophrenia, and a Government doctor later found him to have chronic schizophrenia, at first unfit to stand trial. The courts below rejected his plea of insanity. The Supreme Court acquitted him under Section 84 IPC. Legal insanity, not medical insanity, is the test, and the accused need prove it only on a preponderance of probabilities, judged from his conduct before, during and after the act. The courts below were swayed by the nature of the act and wrongly brushed aside the medical evidence.

Issues

  1. Whether the appellant, convicted of murder, was entitled to the benefit of Section 84 IPC on the evidence of his schizophrenia, prior treatment and conduct, and what standard of proof applies to the plea of insanity.

Provisions considered

Held

Result

Criminal Appeal No. 2010 of 2010 allowed; the trial court's conviction and sentence under Section 302 IPC dated 25.07.2006 and the Bombay High Court (Goa Bench) judgment dated 02.06.2008 in Crl. A. No. 63 of 2006 set aside, and the appellant acquitted with bail bonds discharged.

Judgment PDF: Supreme Court of India, [2023] 1 S.C.R. 823.