Mumbai: Even as the civil mental hospital refused to declare a man, who bludgeoned a shopkeeper to death, to be ‘medically insane’ the Aurangabad bench of the Bombay High Court recently held him ‘legally insane’ and acquitted him of the murder charge. The HC though ordered his release, however, has sent him in a ‘safe custody’ after considering the societal interest. The man, Bala Nagare (name changed) was convicted by a trial court in Latur for killing a shopkeeper as the latter refused to give him Pepsi candy for free. The court had jailed Nagare for life.
According to the prosecution case, Nagare lynched a shopkeeper of his village with a stone, in 2012. The incident was video recorded by villagers, who did not prefer intervening in the spat. He was calmed only after his brother came to the spot and tied his hands and legs. Subsequently, a case was registered against Nagare, who was taken into custody. Several villagers made representations to the police requesting not to release Nagare, as they apprehended he can harm them, given his mental health.
“Admittedly, Nagare had no enmity with the deceased, he lynched the shopkeeper only for the reason he refused to give him Pepsi for free. Pepsi is some sort of ice candy available at a very meagre price and generally, children are fond of Pepsi. Refusal to give a Pepsi for free, could not normally constitute a reason for such crime,” noted a bench of Justices Sambhaji Shinde and Rajendra Avachat.
The judges further said, “Nagare literally lynched the deceased for a trifling reason. Though there were onlookers, none of them intervened. His brother tied his hands and legs and took him away. This indicates he was controllable.” The bench noted representations made by the villagers to the police against Nagare’s release. It also noted the fact that Nagare was referred to the Yerwada mental hospital, which opined he was medically sound.
“Nagare may not have been found medically insane. The trial court, therefore, appears to have been impressed by the final opinion given by the mental hospital. We. however, found him legally insane,” the bench held. To support their decision, the judges said, “The fact that none of Nagare’s family members stood by him during the proceeding before the trial court speaks in volume. These facts indicate that Nagare must not have been in his senses when he assaulted the deceased as a result of a refusal to give him a Pepsi.”
The judges noted the fact Nagare was under psychiatric treatment and accordingly, released him. “He, however, cannot be set free. There is evidence to indicate Nagare have other close relations. None of them came forward to claim him. The appellant is legally insane. It is, therefore, desirable to keep him in safe custody and extend him medical treatment. It is in the interest of the accused and society as well,” the bench said.
