DEVIDAS LOKA RATHOD Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant assails his conviction under Section 302 and 324 of the Indian Penal Code (IPC), rejecting his defence that he was of unsound mind.

(2.) In the morning of 26.09.2006, the appellant suddenly picked up a sickle from the shop floor of the iron smith and attempted to assault Gulab Pawar (P.W.11), but which injured Santosh Jadhav (P.W.5) on the jaw and cheek and gave a further blow on his shoulder. The same day, he later assaulted Ulhas Rathor (P.W.3) on his back and neck and rained blows on the back and stomach of the deceased Harish Chandra Chauhan, when the latter tried to intervene. The appellant then tried to flee, throwing the sickle enroute, when he was apprehended by the villagers and handed over to the police.

(3.) The Additional Sessions Judge, Akola rejected the defence plea for unsoundness of mind, citing insufficient evidence relying on the evidence of Dr. Sagar Srikant Chiddalwar (C.W.1) that the appellant was not mentally sick and fit to face trial. The subsequent conduct of the appellant while in custody, his demeanour during the trial, were further relied upon to conclude that the appellant was conscious of his wrongful acts which were deliberate in nature, evident from the repeated assaults and running away from the place of occurrence after throwing the sickle. The High Court declined to interfere with the conviction.