BHAGGO Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) APPELLANT has been charged and convicted for murder of her two sons, Bhoopsingh aged 9 years and Chulli, aged 4 years. She has been sentenced to rigorous imprisonment for life.

(2.) THE occurrence took place on 12-7-1982 and in that regard F. I. R. was lodged by P. W. 1, Samanta, appellant's husband's elder brother. That we have carefully perused. Because, defence counsel, Shri G. K. Pandey, has drawn our attention to the evidence of D. Ws. 1 and 2, Ramnarayan and Mohan. Counsel has complained that prosecution did not discharge its duty justly and fairly and the trial Court has similarly defaulted. That submission is made because material is disclosed in the F. I. R. (Ex. P-2) and in the evidence of D. Ws. suggesting that the appellant was not a normal person. Whether she was insane or the occurrence took place during lucid interval was the question to which Court ought to have addressed itself but that has not been in this case. Prosecution's duty-lapse is more grave as in the very inception of investigation material had come in Ex. P-2 about abnormal behaviour and conduct of the appellant; instances galore have been cited in the F. I. R. itself that she was not a normal person. That she used to have severe fits of insanity from time to time flying into controllable rage are matters which are disclosed in the F. I. R.

(3.) WE are required, however, to examine whether appellant is entitled to plead diminished liability and we appreciated assistance rendered by Shri Govind Singh, Government Advocate, in that regard. Counsel has read out passage from Modi's Medical Jurisprudence, 20th Edn. from pages 417 et seq. , pinpointing at page 420. Modi has suggested cases and circumstances in which Explanation (1) of section 300, Indian Penal Code can be availed. Even in cases where the accused is not adjudged insane, the question to be considered is indeed of loss of "power of self control" envisaged under Explanation (1) and that has to be examined with reference to circumstances of each case.