S.K. NAIRversusSTATE OF PUNJAB

                            S.K. NAIR                                     A
                                 v.
                         STATE OF PUNJAB

                        NOVEMBER 5, 1996

               [G.N. RAY AND B.L. HANSARIA, JJ.]                          B
      Penal Code 1860 Ss. 302, 324, 84-Murder-Plea that accused was
suffering from paranoid-Facts ofthe case established that he understood
the implication of his acts at the time he committed the offence-Hence
plea not maintainable.
                                                                          c
     The appellant who was employed in Army was charged for
committing murder of a Naik and attacking a Havildar and Jeep
Driver within the barrack in the Air Force Station.

     The appellant had surrendered to the security officer and handed
over the Khukri which was used in committing the said offences.           D
     The Trial Court, considering the .evidence of witnesses especially
the injured eye witnesses, convicted and sentenced appellant to life
imprisonment.
                                                                          E
     Appellant preferred an appeal before the High Court, which
confirmed the Trial Court order. In appeal to this Court, it was
contended that the appellant was a confirmed patient diagnosed as
paranoid and on the basis of the doctor's opinion be should have
been discharged from service to avoid any risk to himself and others.
Dismissing the appeal this Court                                          F
      HELD: I.I. It is difficult to accept that being a paranoid, the
appellant must he presumed to have committed the offences being
seized of sudden impulsive fits of passion for which temporarily he
was completely incapable to understand as to what be bad been doing G
with what consequences. Even if it is assured that in the case of
paranoid, the ordinary test for lucid interval as applicable in the case
of patients with unsound mind is not to be applied and a paranoid is
likely to be seized of sudden bouts of impulsive feats for which
temporarily he becomes completely incapable to understand the
implication of his activities, and such sudden bouts may also disappear H
                                 437
    438                    SUPREME COURT REPORTS [1996) SUPP. 8 S.C.R.


A within a very short time. (441 E-G)

        1.2. ln the instant case it has been revealed from the evidence
  adduced that at the time of commission of offences the appellant did
  not completely lose his sense of understanding when the deceased
  caught hold of him and told that he would be taken to the officers, he
B reported that the deceased could do that if he was alive then and so
  saying inflicted khukri blows on him. Such words and acts only
  demonstrate that at the time of commission of the offence he could
  explain his intended action with logic. Hence it is not necessary to
  consider the probabilities which may happen with a paranoid. In the
  facts of the case it has been clearly established that the accused was not
C incapable to understand the implication of his acts. (441 H, 442 A)

         CRIMINAL APPELLATE JURISDICTION: Criminal Appeal No.
    378 of 1987.

          From the Judgment and Order dated 3.3.87 of the Punjab and Haryana
D High Court in Crl.A. No. 117-DB of 1986.
          K.M.K. Nair for the Appellant.

          Sudhir Walia for R.S. Suri for the Respondents.
E
          The Judgment of the Court was delivered by

          G.N. RAY, J. This appeal is directed against the judgment dated
    3.3.1987 passed by the Punjab and Haryana High Court in Criminal Appeal
    No. 117 DB of 1986 affirming the conviction under Section 302 !PC and
F   consequential sentence of imprisonment for lifo and fine of Rs. 2,000 in
    default further rigorous imprisonment for six months and conviction under
    Section 324 !PC and consequential sentence of six months rigorous
    imprisonment passed by the learned Sessions Judge, Bhatinda, in Sessions
    Case No. 24 of 1984.
G
        The appellant Sri S.K. Nair was charged for committing murder of
  Naik B. Chowdhury and causing injuries with a 'khukri' (Nepaleese dagger)
  on Havildar P.P.S. Kashyap and the driver Joga Singh within the barrack
  in the Air Force Station, Bhisana in the early morning of August 13, 1982.
  The prosecution case in short is that the accused S.K. Nair and the deceased
H B. Chowdhury and the injured Havildar P.P.S. Kashyap used to stay in the
               S.K. NAIR v. STATE OF PB. [G.N. RAY, J.]               439


same barrack being barrack No. I 9 in the said Air Force Station, Bhisana. A
The deceased Naik B. Chowdhury was to proceed on leave with effect
from August I 3, I 982 and the driver Joga Singh was ceputed to pick up
the said Naik Chowdhury at 5 A.M. on August I 3, I 982 and to drop him
to Ambala Railway Station. The said Naik Chowdhury requested Havildar
P.P.S. Kashyap to awake him in the early morning. When Sri Kashyap
went to awake Sri Chowdhury for the second time at about 4.45 A.M. he B
noticed the accused sitting on his cot with a 'khukri' in his right hand
being taken out of its sheath. The accused inflicted two Khukri blows on
the head of the said Kashyap who then raised noise and the deceased B.
Chowdhury and Mr. Suresh Kumar got up from sleep and noticed that the
accused was giving blows with Khukri to the said Sri Kashyap. Sri Kashyap
however could manage to go out of the barrack through a window. The C
deceased Il. Chowdhury caught hold of the accused and told him that he
would be produced before the officers. The accused then retorted that he
would be produced before the officers only if Sri Chowdhury was alive
by then. Saying so, the accused start"d inflicting khukri blows on the
person of the deceased and dealt 19 blows on different part of his body. As
a result the said Sri Chowdhury died on the spot. Joga Singh driver reached D
 by that time and when he tried to stop the accused, he was also attacked by
the accused and Joga Singh suffered one Khukri blow on his right flank
and he then ran out of the barrack. Both Sri Kashyap and Joga Singh went
to M.I. Room where they were treated by Dr. R.K. Bhattacharji. Thereafter,
the Security Officer, Sri G.S.R. Sharma and Sergeany Benedict along E
with Dr. R.K. Bhattacharji came to barrack No. I 9 and found the dead
body of the said Sri Chowdhury and they also found that the accused in
military uniform was standing with a khukri in his hand. The accused
surrendered himself to the security officer and handed over the khukri to
him. The accused was formally arrested by S.I. Balbir Singh and inquest
of the dead body was held and the dead body was sent for post-mortem F
examination. The post-mortem examination revealed that the deceased
had suffered I 9 khukri blows on various parts of his body and the doctor
holding post-mortem examination gave opinion that the injuries were ante-
mortem and they were sufficient to cause death in the ordinary course of
nature and also opined that on account of such injuries, the death was G
instantaneous.

      It may be stated here that the accused denied the charges and pleaded
false accusation against him in his statement under Section 3 I 3 of the
Code of Criminal Procedure. The accused examined Lt. Col. H.B:
Chakraborty as a defence witness.                                             H
    440                     SUPREME COURT REPORTS [1996) SUPP. 8 S.C.R.


A       The learned Additional Sessions Judge, considering the evidences of
  the injured eye-witnesses and other evidences adduced in the case, held
  the accused guilty of the offences under Section 302 and 324 !PC and
  passed the aforesaid sentences against him. On appeal before the High
  Court, the convictions and sentences passed against the accused were upheld.
  Both the learned Sessions Judge and the High Court did not accept the
B contention made on behalfofthe accused that the accused being a confirmed
  paranoid was not in normal frame of mind and was incapable of
  understanding what he had been doing at the time of commission of the
  said offences. It has been indicated by the courts below that at the relevant
  time, the words and actions of the accused clearly demonstrated that he
  was quite capable ofunderstanding the nature of his activities. Accordingly
C he was not entitled to the benefit under Section 84 !PC.

        At the hearing of this appeal, the learned counsel appearing for the
  appellant has submitted that the prosecution case that it was the accused
  who had caused the death of the deceased by inflicting khukri blows and
  had also caused injuries on the said Sri Kashyap and Sri Joga Singh has
D been established by leading evidence of the eye-witnesses and such finding
  can not be assailed in the facts of the case. But the learned counsel for the
  appellant has submitted that the mental frame of a paranoid had not been
  appreciated by the courts below.

          The learned counsel has submitted that a paranoid is not only a person
E of unsound mind but a paranoid suffers from special and peculiar ideas
    and visions which are different from other persons of unsound mind. As a
    result, a paranoid within moments may completely lose his normal frame
    of mind and be seized of special emotions thereby impelled to behave
    wildly and such sudden fit of emotion may also vanish within moments.
F   For a paranoid, there is no lucid interval as may be found in other cases of
    insanity or in persons afflicted by unsound mind.

        It has been contended by the learned counsel for the appellant that
  the accused appellant was a confirmed patient diagnosed as paranoid. He
  was repeatedly treated as an indoor patient for such mental disease and the
G doctor who had treated the accused gave opinion that the accused should
  be discharged from service. Such facts have been clearly established from
  the record of his treatment and the deposition of Lt. Col. Chakroborty. It
  is unfortunate that despite such medical reports and the opinion of the
  doctor, the accused was retained in service and he was allowed to be exposed
  to the grave risk to himself and also to others with whom he was staying in
H the barrack.
                S.K. NAIR v. STATE OF PB. [G.N. RA Y,J.]                441


       The learned counsel has also submitted that it is revealed from the      A
 depositions in the case that the appellant was in friendly terms with tlie
deceased and the said injured Havildar Kashyap. No motive has been
ascribed, which was likely to impel the accused to commit the said offences.
It is quite evident that all of a sudden the appellant attacked Sri Kashyap
with khukri and when the deceased caught hold of the accused, he was
_also attacked and Joga Singh was also attacked when he tried to stop the       B
accused. The fact that the accused again became normal, when the sudden
impulsive bout disappeared, is also demonstrable from the fact that when
the superior officers came to the barrack, they found him dressed in military
 uniform and he handed over the khukri to the superior officer and also
surrendered without any attempt of resistance. The learned counsel has
submitted that if the peculair traits of paranoid were considered by the        C
court in the light of recognised medical literatures on a paranoid, the
courts below would not have committed the error in rejecting the plea of
 protection under section 84 !PC by erroneously applying the usual test in
other cases of persons with unsound mind. The learned counsel has,
therefore, submitted that the accused be;ng unfortunate victim of a
 particular mental disease deserves to be acquitted by giving him the           D
 protection under Section 84 !PC.

      We have given our careful consideration to the facts and
circumstances of the case and evidences adduced. We are, however, unable
to accept the submission of the learned counsel that being a paranoid, the      E
appellant must be presumed to have committed the offences being seized
of sudden impulsive fits of passion for which temporarily he was
completely incapable to understand as to what he had been doing with
what consequences. Even if it is assumed that in the case of a paranoid, the
ordinary test of lucid interval as applicable in the case of patients with
unsound mind, is not to be applied, and a paranoid is likely to be seized of    F
sudden bouts of impulsive feats for which temporarily he becomes
completely incapable to understand the implication of his activities, and
such sudden bouts may also disappear" within a very short time.

       In the instant case, it has been revealed from the evidences adduced     G
that at the time of commission of the said offences, the appellant did not
completely lose his sense of understanding. When the deceased caught
hold of him and told that he would be taken to the officers, he reported
that the deceased could do that if he was alive then and so saying inflicted
khukri blows on him. Such words and acts only demonstrate that at the
time of commission of the offences, he could explain his intended action        H
    442                        SUPREME COURT REPORTS [1996] SUPP .. 8 S.C.R.


A with logic. Hence, it is not necessary to consider the probabilities which
    may happen with a paranoid. In the facts of the case, it has been clearly
    established that the accused was not incapable to understand the implication
    of his acts.

           Hence, no interference is called for in this appeal.
B
           The appeal is, therefore, dismissed.

    P.T.                                                     Appeal dismissed.




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