The Bombay High Court has upheld the acquittal of a 56-year-old man from charges of murder observing that it was proved that he was suffering from acute paranoid schizophrenia at the time of the incident and hence was incapable of knowing whether the nature of his act was either wrong or contrary to law.
A division bench of justices SS Shinde and Milind Jadhav acquitted Dhananjay Pore and his mother, Shakuntala, observing: “In our opinion, (Pore) has succeeded in proving his defence of insanity and more specifically, legal insanity at the time of committing the act. Overall, the circumstances undeniably lead to the conclusion that Respondent No. 1 (Pore) was suffering from paranoid schizophrenia (mental illness) and did not realize the nature and consequences of his act at the time of commission.”
The HC was hearing an appeal filed by the state government challenging Pore and his mother’s acquittal by the sessions court at Sangli. The sessions court, on May 29, 2003, had acquitted Pore observing that he was suffering from paranoid schizophrenia.
Section 84 of the India Penal Code carves out an exception that an act will not be an offence if done by a person who, at the time of doing the same, by reason of unsoundness of mind, is incapable of knowing the nature of the act or that he is doing what is either wrong or contrary to law.
According to the prosecution Pore and the deceased, Padmakar, were carrying on their business of selling groceries and coconuts near a local temple. The two had a quarrel regarding selling coconuts to the devotees, following which Pore’s business was adversely affected.
On July 22, 2002, Padmakar had gone on a bike to pick up his wife Alka and nephew Shivkumar. At the time, Pore’s mother met Alka and enquired about her mother-in-law. When Alka and Shivkumar sat on the bike, Pore jabbed a knife into Padmakar’s throat. All three fell down from the bike.
Alka tried to stop Pore as a result her hand got slashed and Padmakar started to run. However, Pore caught him, pinned him to the floor and stabbed him in his chest and hands. He was taken to nearby hospital but was declared dead.
The police arrested Pore the next day and his mother, alleging that she signalled Pore to proceed towards Padmakar.
Pore and his mother claimed that they were falsely being booked. Alternatively, Pore took insanity plea.
Defence counsel Rui Danawala argued that Pore was suffering from mental illness for over ten years prior to the incident and was under medical treatment from psychiatrists. Stating that it was hereditary, Danawala said that even Pore’s father was suffering from mental illness before his death in 1997.
Defence examined three neighbours and four doctors, who were treating Pore. All testified that Pore suffered from mental illness.
Upholding Pore’s mother’s acquittal, HC noted that there is no evidence whatsoever brought on record to implicate her of the charges.
