Madurai: The Madras high court has set aside the conviction and life sentence imposed on a murder accused by a trial court, stating that the court was “totally insensitive” in failing to consider his mental health status despite records showing that he had undergone treatment at the Institute of Mental Health (IMH), Kilpauk during the trial.
A division bench of Justice N Anand Venkatesh and Justice P B Balaji said the trial court judgment made “absolutely no reference to the mental status of the accused,” though the court had been put on notice about his insanity and the B-Diary extract (case history) showed that the case was adjourned on several occasions because he was admitted to the hospital.
The court allowed the criminal appeal filed by Vignesh Kumar, who had been convicted by the sessions judge, Tiruchirappalli division, in 2018 for the murder of Vellaipandi at Shakila Lodge in Trichy on March 20, 2016.
According to the prosecution, the accused and deceased consumed alcohol in a lodge room before a quarrel broke out. The accused allegedly stabbed Vellaipandi several times, tore open his abdomen, pulled out his intestines and wore them as a garland before escaping by threatening witnesses with a knife.
The bench said the eyewitness account and medical evidence established that the accused caused the death, but the manner of the offence raised serious doubt about his mental state. “His actions were so abnormal that we are unable to consider his conduct to be the behaviour of a normal human being,” the division bench said.
The court noted that medical records showed the accused suffered from bipolar affective disorder mania with psychotic symptoms and had undergone treatment at various hospitals, including the IMH.
Holding that Section 84 IPC applied, the bench said the accused was incapable of knowing that his act was wrong or contrary to law. It acquitted him of charges under Sections 302 and 506(ii) IPC.
The court directed the dean or director of IMH, Kilpauk, to ensure proper care and treatment. It also reminded trial courts to order medical examination and obtain reports in all cases where mental unsoundness of an accused comes to their notice, even if no specific plea is raised by the defence.
