Man acquitted of murder for second time on ground of unsound mind

According to the prosecution, on November 8, 2007, the man, a resident of Kango Estate, Evergreen, assaulted his building’s watchman Devendra Chavan with a knife, because the latter did not obey his orders regarding watering plants at his home.

Chavan was declared dead and an offence under Section 302 (murder) of the IPC was registered at Mira Road police station. The man’s lawyer argued before HC, that the convict does not dispute that he committed the act, but that he is entitled to benefit under Section 84 of the IPC, which was erroneously negated by the trial court.

However, the assistant public prosecutor told the court that if the man is acquitted, he may commit a third murder. The court was informed that the man had in the past murdered a person name Manjit Kavetia. In that case, the trial court had in September 2001, acquitted him saying he is entitled to the benefit of Section 84 of the IPC.

Calling the order of the sessions court “totally erroneous”, the bench held that the accused has sufficient evidence of suffering from schizophrenia prior to occurrence of the incident and also after the incident.

The court said, “It could thus be seen that, even if a reasonable doubt is created in the mind of the Court with regard to mental condition of the accused at the time of occurrence, a benefit has to be given to the accused.” The court order said, “We are therefore of the considered view that, in the present case, Appellant/Accused is entitled to the benefit of Section 84 of IPC and thus he will have to be acquitted.”