High Court Karnataka High Court

Chandra Shekar S/O … vs State-Circle Inspector Of Police … on 30 July, 2009

Karnataka High Court
Chandra Shekar S/O … vs State-Circle Inspector Of Police … on 30 July, 2009
Author: K.Sreedhar Rao C.R.Kumaraswamy
IN THE HIGH COURT OF KARNATAKA, BANGALORE
DATED THIS THE BOT" DAY OF JULY, 2009" 
PRESENT _ E THE
THE HONBLE MR. JUSTICE  H 3 E
AND  _  
THE HONBLE MR. JUSTICE  'V
CrI.A. NO.  .2"0G5V_   'V   E
BETwEEN:-   E"
CHANDRA SHEKAR,

S/O. C}IIKKAMANIYAIAH';'~ -- if '
CON. NO, 144.55.,»  . 

CENTRAL PRISON, 

MYSORE. ._ '  '
 .   K!  APPELLANT

{BY SR1  PPASHAN'1'H"CHANDRA, AMICUS CURIAE)

       

 CIRCLE HISPECTOR OF POLICE,

   {BY  BHAVANI SINGH, SPP}

BADNAVALUJ'
BY'-»__SPEfCiAL,~' PUBLIC PROSECUTOR.
' . RESPONDENT

THIS CRL.A. IS PREFERRED BY THE

APPELLANT/ CONVI CT/ ACCUSED THROUGH THE

.1′ ___SUPERINTENDENT, CENTRAL PRISON, MYSORE, AGAINST

THE JUDGMENT DT.26.11.05 PASSED BY THE P.O., FTC-
III. MYSORE, IN S.C.NO.1l9/05 — CONVICTING THE
CONVICT/ACCUSED FOR THE OFFENCE PUNISHABLE
U/S.302 OF IPC AND SENTENCING HIM TO UNDERGO RI

V,

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deceasecl._ But with regard to the nature of

court has failed to taken into consideration.”theta:

evidence.

The accused during the trial:’–.vvas in ..pAc’L1stOd}:1f.’~..The

accused was treated in by I)_\fv’1VAlffrofi1f2’7.l:.2004′ 2

till 22.10.2005. DW1_,.after t’riefff.t’i’ea”trrient cer’tifi.e-5:1 that the
accused is fit to face took place. The
evidence of was suffering
from of PW7 – father of
the aacVcufsed..fyears prior to the incident
the for mental illness. The above

evidence c’l.ea1’l§/Vgdisclofses that the accused was suffering

;gPa1’anoidffffschizophrenia. About 5 months after the

V .’Vincident.l examined the accused and given treatment. It

that the diseases like Paranoid schizophrenia

cannoterupt overnight or come at once. The mental illness is

ioffsuch a nature that it persists and slowly develops over a

period of time. In the circumstances, the accused was

diagnosed to be suffering from Paranoid schizophrenia on

27.1.2004, just 8 months earlier to the incident. Ex.D.1 is

d,

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..L/

the medical certificate, which shows that the accused was

taking treatment in 2003 for schizophrenia.

The motive for the offence is also pyetgroc foifa. trivial

reason. No normal human being; woiiid reacts.__”Vso_ yioiently

when parents proposed to get hi’n.1:”rnarried;’_; A°1’hisV”Vi’o.1eritp

reaction is a very abnormaideonduct of._the human
being. In that context, /the’ darzcused has “treated for
schizophrenia earlier to the incdidentpdanfdvinjimediately after 8

months after «1-11;e; thte trial the accused

Was trdeated ro}”t:v}:r a period of one and half
years’-would the time of the incident, the
accused twas’ .t1V.ndAerV’thVe spell of Paranoid schizophrenia

a xdtendency to provoke Violent conduct and

V beh aidor. in V

View of the matter the accused would be

entitled.’ the benefit u/s 84 of the IPC. Accordingly, the

V» 0 order of conviction re orded is set aside.

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This page is inserted vide Court order dated 19.04.2010

The appeal is partly allowed. The accused isf&i–rected
to be set free forthwith if not required to be Zvany

other case.

The Amicus Curiae fee is éLi«Rs-«..5000:/’~e.. _T1fie:V’Stette 0 7

shail pay the fee to the Amieus cu}:aé–..V_%0

3e§;”fLIhdG9

003* “” Iudqe