MOHD SADIQ Vs. STATE

JUDGEMENT

(1.) THE appellant has been produced from jail pursuant to the production warrants issued vide order dated 21. 5. 2009. We have spoken to the appellant. He speaks coherently and claims that as of now he is perfectly fine but states that this is due to medical treatment taken by him. He remembers the unfortunate day when his daughter was murdered being 29. 10. 1997 and claims that on said day something happened to him. He says that he felt as if some machine had frozen his brain. He regrets having murdered his daughter.

(2.) WE had summoned the appellant for the reason there is tell-tale evidence against him of having chopped off the head of his daughter and boasted of having done so by dangling the severed head of his daughter for a public view. The wife of the appellant has deposed against him. The appellant had taken a defence of insanity but did not lead any evidence to prove the same. He claimed to have received treatment from a doctor at the Mental Hospital, Ranchi and did summon the record from said hospital, but the witness who came from the hospital stated in Court that no such record pertaining to the appellant was available in the hospital. When she deposed as a witness of the prosecution, the wife of the appellant denied the suggestions made to her that the appellant was undergoing treatment for mental sickness.

(3.) THE result is the negation of the defence of insanity claimed by the appellant.