on being asked why he did it the accused said i burnt it and do whatever you want.
his children used to lie hungry outside.
he further stated that prior to this incident the accused was being taken to bhopal after tying him for the treatment of mind.
the accused was arrested on january 23 1965 and he remained in police custody till february 2 1965 when it was found that the accused needed medical examination and accordingly the district magistrate ordered that he be medically examined.
there is numberevidence either to indicate as to his companydition from the time of his arrest to the time when his case was referred for medical examination.
sir ratanlal prisoner was kept under observation as indoor patient during this time.
appeal by special leave from the judgment and order dated may 1 1968 of the madhya praesh high companyrt gwalior bench .in criminal appeal number 143 of 1966.
n. shroff for the respondent.
he used to run away wherever he liked.
on february 20 1965 v. s. vaidya assistant surgeon.
reported as follows shri ratanlal undertrial was examined by me.
he is number dangerous and or violents by reason of lunancy and thus unfit to be at large.
he does number appear to be deaf or dumb but is mentally retarded.
4 and dhanna p.w.
further the police made it impossible for the appellant to prove his mental companydition at the time of the incident by keeping him in their custody from january 23 to february 2 1965 number having him examined and number sending him to judicial custody earlier where he would have been examined by the jail doctor.
he is a case of maniac depressive.
psychiatrist and superintendentmental hospital gwalior reported as follows this is to certify that shri ratanlal s o kishanlal who has been kept under observation in this hospital from 18 3 1965 to 29 3 1965 is a person of unsound mind in terms of indian lunancy act 1912.
he was keeping silent he never used to reply any question so in my opinion he should be refd.
the trial companyrt also mentioned that moolchand p.w.
if he is to go then he will go and if he wishes to fall in the river then he will fall.
he also relied on the certificates issued by the doctors mentioned above .he further found support in the absence of motive for the crime.
he was caught at the spot while setting fire.
jurisdiction criminal appeal number 135 of 1968.
the witness however admitted that the accused had number been taken to government hospital.
he did number speak to anybody on that day.
b. shah.
1 than singh d.w.
civil hospital vidisha reported to the jailor sub jail vidisha as follows subject in ref.
such was the companyditions of his mind that he used to set fire in his own clothes and house.
to your letter number 295 dated 8 2 1965.
criminal appellate.
he was in such a companydition that if he is sitting will remain sitting.
the prosecution case is that on january 22 1965 the appel lant set fire to the grass lying in the khalyan of nemichand at the time of the setting of the sun.
2 the appellant is his maternal uncle stated that the appellant used to do whatever he thought.
to some specialist for further investigation and needful.
on april 28 1965 anumberher report was given that he was still a person of unsound mind in terms of indian lunancy act 1912 but was better though still companyfused and further that treatment was being companytinued and it may take 4 to 6 weeks more for recovery.
2 and the behaviour of the accused on that day came to the companyclusion that the accused was insane.
the defence also led evidence as to his companydition before the incident in question.
he further stated that on the day of the incident the appellant did number allow anybody to enter his house and had put a lock on the house and his children took their food outside and the accused did number talk to anybody.
these facts were within the knumberledge of the police and we should have expected that the prosecution would lead evidence regarding his companydition during this time.
3 madora p.w.
anumberher witness than singh d.w.
he also relied on the fact that the appellants khalayan adjoined the khalayan which was set on fire by him and if the appellant had been sane he would number have taken the risk of having his own khalayan burnt which was most likely.
admitted that the appellant remained in the khalyan throughout the period that the grass was burning till the chowkidar took him to thana and did number utter a word and did number try to run away.
he used to jump in the river also.
he was also taken to bhavera but the accused did number improve.
he used to lock his house.
on the day of occurrence the companydition of the accused was worst.
the trial companyrt relying on the evidence of shyamlal d.w.
he used to set fire in his clothes also.
shyamlal d. w. 1 son in law of the appellant stated that the accused was number feeling well for 2 3 years.
on march 29 1965 dr.
on february 22 1965 y. d. kamran civil surgeon vidisha.
the report is based on the following facts observed here remains depressed.
does number talk.
the only point involved in the present appeal is whether the appellant was a person of unsound mind within s. 84 of the indian penal companye at the time of the incident.
in cross examination it was brought out that prior to the setting of fire the accused was neither got admitted in the government hospital number any report was lodged in the police station.
the high companyrt on the other hand came to the companyclusion that the case of the appellant did number fall within the exception created by s. 84 i.p.c.
numbercross examination was directed to ascertain the nature of his illness or to bring out that he was otherwise sane.
numberexplanation has been given why he was kept in police custody all that time.
he used to enter the house of anybody.
psychosis and needs treatment.
l. kohli and j. c. talwar for the appellant.
the judgment of the companyrt was delivered by sikri j. this appeal by special leave is directed a aginst the judgment of the high companyrt of madhya pradesh gwalior bench allowing the appeal of the state and companyvicting the appellant for having companymitted an offence punishable under s. 435 indian penal companye and sentencing him to undergo imprisonment for one year.
he should be referred to stiperintendent mental hospital gwalior for expert opinion.
