Telangana HC sets aside death penalty of woman who killed her child in ‘Sarpadosham’ ritual sacrifice, says her conduct was more of ‘psychotic ideation than with criminal design’

‘Paranoid Schizophrenia and state of postpartum vulnerability’

During the appeal hearing, the counsel for the appellant submitted that Bharathi was suffering from a mental disorder, and the trial court did not consider the issue. The high court, expressing astonishment at the trial court for ignoring the mental and health condition of the appellant, appointed a senior mitigation investigator to assess Bharathi’s conduct and behaviour and submit a mitigation investigation report (MIR). The court also directed the superintendent of the Institute of Mental Health, Hyderabad, to constitute a suitable team for Bharathi’s psychological evaluation.

The court observed that Bharathi had a well-documented history of “Paranoid Schizophrenia” dating back to 2017, took note of the medical records that showed she had undergone extensive treatment and was in a state of postpartum vulnerability at the time of the incident. The court noted that the accused’s husband had admitted that she told him the child “looked like a snake and so she killed [her]”. The Bench found these “perceptual distortions and delusional beliefs” were “a manifestation consistent with psychosis-induced hallucinations and loss of reality testing.”

The court also observed that the alleged motive, “rooted in irrational beliefs and bizarre conduct, does not support an inference of a conscious or calculated design; rather, it shows that the appellant-accused was acting under a disturbed mental state and unsoundness of mind at the time of the occurrence.”

‘Appellant not beyond reform’

The high court was critical of the trial court’s failure to investigate Bharathi’s mental state during the initial trial. “The offence, though grave and tragic, arises in a factual matrix marked by psychiatric vulnerability rather than deliberate criminal design,” the bench observed. Holding that the death sentence cannot be sustained, the court noted that the MIR indicated a potential for treatment and rehabilitation, “thereby negating the conclusion that the appellant – accused is beyond reform.” The court also considered the MIR’s conclusion that the act was a result of “severe psychotic compulsion” rather than “volitional control”.

Acquitting Bharathi of all charges, the court directed that she be transferred from Chanchalguda Prison to the Institute of Mental Health in Erragadda for continued care and treatment. The court also took note that Bharthi was earlier convicted of attempting to murder her husband when released on bail and opined that releasing her into society would be dangerous and that she would be better cared for in a mental institution. The bench ordered that the district collector periodically supervise her care to ensure compliance with statutory safeguards under the Mental Healthcare Act.