SHINE KUMAR Vs. STATE OF KERALA

JUDGEMENT

(1.) This is an alleged case of parricide and the defence of the accused is that by reason of his unsoundness of mind, the accused was incapable of knowing the nature of the act. The Court of Session rejected the plea of legal insanity and convicted and sentenced the accused for the offence punishable under Sec. 302 of the Indian Penal Code (IPC). The accused is aggrieved by the said decision of the Court of Session.

(2.) The accused is the younger son of his parents. The occurrence took place on 30/9/2015. The accused was aged about 40 years at that time. The father of the accused was a retired company employee and his mother was a retired school headmistress. At about 2.45 p.m. on the date of occurrence, the brother of the accused left home for getting his computer serviced. The father of the accused was alone at that time with the accused at home as his mother had gone to the treasury for some matter regarding her pension. Immediately after the brother of the accused left home, the mother of the accused returned home. There is a petty stationery shop right in front of the house of the accused which is run by one T.P.Sarojini. At about 5 p.m., one C.V.Sudhi informed the Perumbavoor Police that he saw the accused chasing his mother out of the house and inflicting injuries on her head using a chopper in front of the said stationery shop. On the basis of the said information, a case was registered, and after investigation, a final report was filed alleging commission of the offence punishable under Sec. 302 IPC by the accused.

(3.) The accusation in the final report is that on account of the enmity the accused had against his parents for not providing him money for his luxurious life, at about 5.10 p.m., the accused caused the death of his father in the drawing room of their house by hacking on the neck and head of the father using a chopper. It is also the accusation in the final report that when the mother of the accused ran away from the house seeing the accused causing the death of his father, the accused chased her and caused her death also in front of the stationery shop by hacking her on the head repeatedly using the same weapon.