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Dil Gazi Vs. Emperor - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtKolkata
Decided On
Judge
Reported in(1907)ILR34Cal686
AppellantDil Gazi
RespondentEmperor
Excerpt:
insanity - unsoundness of mind--delusion--knowledge of the nature of the act--penal code (act xlv of 1860) section 84. - .....his cultivation of his crops, in both of which he showed a failure of his reasoning powers. his climbing a tree in search of his pillow indicates a state of mind resembling that generally described as idiocy. in view of the uncertainty that always exists as to how far a diseased state of mind extends, and in view of the difficulty, that is never absent from cases like this, of obtaining any trustworthy evidence, we find that the facts on the record prove that the unsoundness of his mind prevented his knowing the nature of his act, and that it was wrong.4. we therefore acquit the accused, and order that he shall be kept in safe custody as the sessions judge shall direct, and the case to be reported to the local government.
Judgment:

Stephen and Coxe, JJ.

1. The only question we have to consider in this appeal is, whether the accused ought to be acquitted under Section 84 of the Indian Penal Code.

2. There is no doubt that he cut his wife's throat in a brutal way without any rational motive, that he was captured at once, and made no attempt to escape or resist arrest.

3. There is no doubt that his mind was at the time unsound. He apparently had definite delusions as to dangers that threatened his wife; his disease affected his intercourse with his neighbours, and his cultivation of his crops, in both of which he showed a failure of his reasoning powers. His climbing a tree in search of his pillow indicates a state of mind resembling that generally described as idiocy. In view of the uncertainty that always exists as to how far a diseased state of mind extends, and in view of the difficulty, that is never absent from cases like this, of obtaining any trustworthy evidence, we find that the facts on the record prove that the unsoundness of his mind prevented his knowing the nature of his act, and that it was wrong.

4. We therefore acquit the accused, and order that he shall be kept in safe custody as the Sessions Judge shall direct, and the case to be reported to the Local Government.


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