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| Court acquits son of father's murder | | | early times report
Jammu, Sept 1 (JNF): Principal Sessions Judge Ramban Akram Choudhary has acquitted Bodh Raj S/O Prem Nath R/O Bathi Berun, Batote who committed the murder of his father Prem Nath, as the accused is person of un-sound mind.
According to the police case that a written complaint lodged on December 16, 2007 by one Karnail Singh S/O Prem Nath R/O Pathi Bonbari Batote at Police Station Batote alleging therein that on 15.12.2007 at 7:00 AM while he was sleeping in his room his grand-mother Soban Devi came crying that his brother Bodh Raj and father Prem Nath were quarrelling and Bodh Raj has assaulted Prem Nath causing him injuries; he went on spot and found his father Prem Nath having injuries on his head and lying near hearth bleeding; Bodh Raj was present and had justified his act; his father was shifted to Batote Hospital wherefrom he was referred to Jammu and on way at Nandani he succumbed. On this report the case was registered vide FIR No. 155/2007 at Police Station Batote for the commission of offence punishable under section 302 RPC. After investigation of the case the instant chargesheet was laid for the commission of offence punishable under section 302 RPC before the Local Jurisdictional Magistrate against Bodh Raj S/O Prem Nath R/O Mohra Pathi Berun Batote (hereinafter called 'accused') who committed the case to this Court for trial. The accused vide order dated 09.12.2009 was chargesheeted by this Court for the commission of offence punishable under section 302 RPC. On denial of the charge by the accused the prosecution was directed to lead evidence.
The court after hearing Public Prosecutor GN Manhas for the state and Advocate BA Runyal for the accused observed that the accused during trial from his abnormal behaviour seemed to be a person of unsound mind and had been referred to Govt. Psychiatric Hospital Jammu for being examined. The Doctors had certified that the accused was fit to face the trial. But at the same time it was certified that he was suffering from some mental disorder. The witnesses examined by the prosecution particularly those who are in the closed family have stated that the accused was suffering from mental ailment and had been receiving treatment thereof. The behaviour of the accused to remain present at the place of occurrence without any remorse is also suggestive of the fact that he had no feeling as to what had been done by him. Section 84 of the Ranbir Penal Code provides that an Act by a person of unsound mind is not a punishable Act. It provides nothing
is an offence which is done by a person who at the time of doing it by reason of unsoundness of mind, is incapable of knowing the nature of the act, or that he is doing what is either wrong or contrary to law.
Though no evidence was led in proof of the plea of insanity, nevertheless, there is sufficient evidence to infer that the accused was of unsound mind at the time of the commission of crime. Behaviour at the time and subsequent to the commission of crime clearly indicates that accused did not know and was not capable of knowing the nature of act done by him.
Court further observed that the deceased was killed by accused by hitting on his head with a fire wood piece in an unsound state of mind and the death caused by the accused is no offence, as it was done by him being a person of unsound mind and incapable of knowing the nature of the act. The accused is, therefore, acquitted of the charge and is ordered to be released forthwith, in case he is not required in any other case.
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