Haryana: Man who beat father to death acquitted by Panchkula court after being found of unsound mind

The court of Sessions Judge, Deepak Gupta, relied on the testimonies of the accused’s relatives as well as the mental examination conducted by a Medical Board of PGIMS, Rohtak, to deliver its judgment.

“From the mental condition of the accused prior to committing the offense, at the time of committing the offense and post committing the offense… I have no hesitation to conclude that he has been able to establish the plea of insanity. Although it is established on record that he killed his father, Budh Ram, but he is exempted from punishment in view of the exception contained in Section 84 of the IPC,” the court order read. The accused was acquitted of the charge by giving him benefit under Section 84 (Act of a person of unsound mind) of IPC.

On March 20, 2017, the victim, Budh Ram, had been murdered by his son- Sanjay Kumar — in village Mau of Morni. The accused, Sanjay, later was found sitting at the spot of the murder and had not tried to evade the police in any manner.

A detailed judgment copy of the order detailing the condition of the accused has revealed that after the death of his first wife, the victim, Budh Ram, married Tara Devi, who already had two sons — Khemraj and accused Sanjay — from her previous marriage. However, Tara Devi used to live at her parental home, along with her children, and was said to be of unsound mind.

“Accused Sanjay used to communicate very little with people and used to speak only if he was spoken to. Budh Ram had never taken Sanjay or his mother to any hospital for treatment. Sanjay had no friends and used to talk to himself while sitting alone,” the court order has detailed.

The Haryana government was directed to admit the accused in any of its mental hospitals or centres, where adequate facilities for his treatment was available and send information to the court as and when Sanjay is released after he is found to be fit.

In his statement recorded, under section 313 of CrPC, Sanjay admitted that he had committed the murder of his father as “his heart asked him to do so”. However, he pleaded ignorance about other incriminating circumstances against him. “As the accused was asked to tell as to whether he wanted to say anything else, he answered that he wanted to stay in jail, where his brothers stay; and that one of the brothers should tie rakhi to him,” the judgment read.