ACHYUT MAHILI Vs. STATE OF ASSAM

JUDGEMENT

(1.) This jail criminal appeal is directed against the judgment and order dated 21-11-2017 passed by the learned Sessions Judge, Jorhat in Sessions Case No. 65 (J-J)/2015 corresponding to G.R. Case No. 1463/2014 in connection with Teok P.S. Case No. 196/2014.

(2.) The facts of the case in brief is that on 30-06-2014, accused Achyut Mahili killed his mother Sakhila Mahili with a dao. His younger brother PW 4, Kesharam Mahili left the accused and his mother deceased and went to give tea to his father who was working in the paddy field. On his return found his mother lying in a pool of blood. He asked his accused brother of the incidence but he kept mum. There was no eye witness to the killing of the deceased but the appellant was circumstantially suspected to be the accused. There are five witnesses who have testified that the accused had mental disorder prior to the incidence. Doctor of the Jorhat Central Jail, DW 2, DW 1 and DW 3 of the Jorhat Medical College of Psychiatric Department, Dr. Kamla Deka and Dr. Soumik Sen Gupta, Assistant Professor of LGB Regional Institute of Mental Health Tezpur testified that the accused was a schizophrenia patient. Kopi dao which was the weapon of offence was seized but not sent to forensic examination. Plea of insanity was raised at the trial but it was not accepted and it was ruled as an afterthought defence. Accused was sentenced to imprisonment for life under Section 302 IPC and to pay a fine of Rs. 5,000/- by the learned Sessions Judge, Jorhat on 21-10- 2017 which is now under consideration as jail appeal.

(3.) The appellant is represented by Mr. A.K. Gupta, learned Amicus Curiae who has assailed the judgment and order dated 21-11-2017 on the ground that the plea of the accused under Section 84 IPC was not duly considered in its true legal perspective and has pleaded that the accused be given the benefit of Section 84 IPC.