Issues
- Whether the accused is required to establish as to what was the nature of mental ailment to claim the benefit of Section 84 of IPC?
Held
- Appeal was partly allowed and the conviction of the Appellant under section 302 IPC was modified to section 304 Part I.
- For entitling an accused of the benefit of Section 84 of the IPC, it is necessary for an accused to establish as to what was the nature of mental ailment and also that the accused suffered from insanity, which disabled the accused from knowing as to what he/she was doing.
Relevant Para No.
- 7
