RATANLAL v. STATE OF MADHYA PRADESH
Citation: [1971] 3 S.C.R. 251; 1970 INSC 254
Court: Supreme Court of India
Bench: S.M. SIKRI , VISHISHTHA BHARGAVA, I.D. DUA
Judgment date:
Case summary
1970 INSC 254. Supreme Court of India judgment dated 1970-12-17. RATANLAL v. STATE OF MADHYA PRADESH. Read the judgment and case details on LawSphereX.
Judgment text
A B c 0 E F. G H RATANLAL v. STATE OF-MADHYA PRADESH December 17, 1970 [S. M. S! KRI, V. BHARGAVA AND I. D. DUA, JJ. ] 251 In Bhavera but the accused did not improve. " In cross-examination it was brought out that "prior to the setting of fire the accused was neither got admitted . in the government hospital nor any report was lodged in the· police station. " No cross- examination was directed to· ascert~in the nature of his illness or to bring out that he was otherwise sane. Another witness, Than Sin~, D,. w, 2, (the appellant is his maternal uncle) stated that the apPC\llant "used to do whatever he thought. He used to run away wherever he liked. He used to jump in the river also. He used to- enter the house of any- body. He used to lock his house. -His children used to lie hun- gry outside. He used to set fire in his clothes also. On ,the day of occurrence the condition of the accused was worst. He did not speak to anybody· on that day.
" The witness, however, admitted that the accused had not been taken to Government hospital. The Trial Court also mentioned that Moolchand, P. W. 3, Madora, P. W. 4, and Dharma, P. W. 6, admitted that the appel, ! ant remained in the khalyan throughout the period that the grass was burning till the chowlddar took him to thana . and did not utter a word and did not try to run away. A ( B c D E G H A B c D p RATANLAL v. M; P. STATE (Sikri, ]. ) 255 The Trial Court, relying on the evidence of Shyamlal, D. W. 1, Than Singh, D. W. 2, and the behaviour of the accused on that day came to the conclusion that the accused was insane. He also relied on the certificates issued by the doctors, mentioned above. He further found support in the absence of motive for the crime. He also relied on the fact that the appellant's kha/ayan adjoined the kha/ayan which was set on fire by him and if tlle appellant had been sane he would not have taken the risk of having his own khalayan bul'IJ.
t, which was most likely. The High Court, with respect, erred in differing from the Trial Court. The High Court observed that the appellant had not examined in defence any expert in mental diseases to substantiate his plea of legal insanity. It is expecting rather a great deal from a poor villager that he should produce experts in mental diseases, specially in view of the certificates issued by the Medical autho- rities after he was arrested. The High Court farther erred in · holding that the medical reports were of no evidential value. .. It is true that the reports speak of the mental state of the accused at the time when the reports were issued but the High Court failed tl)note that the appellant was in police custody from January 23, 1965, and the police could. have produced evideμce to show that lie was absolutely sane till the day when they sent him for medical " examination.
The High Court thougilt that the evidence of the two defence witnesses only suggested an irrational behaviour on the part of the accused. The High Court failed to note that, according to D. W, 2, the appellant used to set fire to his own clothes and house, 'lllld this ~uld hardly be called irrational; it is more like verging on insanity. · . The High Court also felt it rather unsafe to rely on the testi- . mony of the two defence witnesses because such evidence could· always be procured. It was also impressed by the fact that. there was no independent witness forthcoming nor was there any evi- dence showing that the accused was taken to Bhopal or Gwalior G for treatment. The High Court observed : "Apart from this, these witnesses merely su~gest that there was irrational behaviour on the part of 1he accused. But it has not been proved that he entertained any homi- cidal tendencies. The evidence adtluced is merely of H conduct not confirming to the accepted pattern of human behaviour.
Such evidence is inadequate to esta- blish that there was such an impairment of cognitive faculties of the accused as to render him legally insane. " 256 SUPREME COURT REPORTS (1971] 3 S. C. R. Witlt respect, it is not necessary that every insane person should A have homicidal tendencies. In this case he is not charged for an offence involving homicide but arson. Although the High Court discarded the medical evidence, it to<>k account of its own observations, when it stated : "We had an opportunity to observe the accused. who was produced before us by the learned counsel. and he appeared to be a man of normal understanding. We also find that in answering questions which were put to him by the court under s. 342, Cr. P. C. , the accus~d showed intelligence and care. " With great respect, these are irrelevant considerations. The appeal was heard on April 25, 1968, and the incident occurred on January 22, 1965. A person can surely improve within three years.
We are inclined to agree with the conclusion arrived at by the learned Magistrate. We hold that the appellant has dis- charged the burden. There is no reason why the evidence of Shyam Lal, D. W. 1, and Thall Singh, D. W. 2, should not be believed. It is true that they are relations of the appellar. t, but it is the relations who are likely to remain in intimate contact. The behaviour of the appellant on the day of occurrence, failure of the police to lead evidence as to his condition when the appel- lant was in custody, and the medical evidence indicate that the appellant was insane within the meaning of s. 84, I. P. C. We accordingly allow the appeal and acquit the appellant of the offence under s. 435, I. P. C. , because at the time of the inci- dent he was a person of unsound mind within the me:ming of s. 84 of the Indian Penal Code. His bail bond shall stand can- celled. G. C. j J A[>pea/ allowed. B c D [ F
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