DASHRATH PATRA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The appellant was convicted for the offences punishable under Ss. 302, 352 and 201 of the Indian Penal Code, 1860 (for short, 'the IPC'). The occurrence is of 27/9/2018. On that day, the deceased Asam Gota and one Fagu Ram Karanga (PW2) were cutting grass in an agricultural field. At that time, the appellant came there armed with an iron pipe and assaulted the deceased on his head. Thereafter, when PW2 fled away, the appellant chased him. The Trial Court convicted the appellant and sentenced him to undergo life imprisonment for the offence punishable under Sec. 302 of the IPC. The High Court, by the impugned judgment, has confirmed the same.

(2.) The main submission canvassed before the High Court was that there is sufficient evidence on record to show that the appellant was of unsound mind on the date of occurrence as can be seen from the evidence of the prosecution witnesses. The High Court negated the said contention on the basis of the medical examination of the appellant conducted on 7/12/2023.

(3.) The learned counsel appearing for the appellant has invited our attention to the evidence of the prosecution witnesses who have deposed that the mental condition of the appellant was not good and was unstable at the relevant time. He relied upon decisions of this Court in the case of Dahyabhai Chhaganbhai Thakkar vs. State of Gujarat, AIR 1964 SCC 1563. and Rupesh Manger (Thapa) vs. State of Sikkim,(2023) 9 SCC 739.