LexS.K. NAIR versus STATE OF PUNJAB
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S.K. NAIR v. STATE OF PUNJAB NOVEMBER 5, 1996 [G.N. RAY AND B.L. HANSARIA, JJ.] Penal Code 1860 Ss. 302, 324, 84-Murder-Plea that accused was suffering from paranoid-Facts of the case established that he understood the implication of his acts at the time he committed the offence-Hence plea not maintainable. The appellant who was employed in Army was charged for committing murder of a Naik and attacking a Havildar and Jeep Driver within the barrack in the Air Force Station. A B c The appellant had surrendered to the security officer and handed over the Khukri which was used in committing the said offences. D The Trial Court, considering the .evidence of witnesses especially the injured eye witnesses, convicted and sentenced appellant to life imprisonment. E Appellant preferred an appeal before the High Court, which confirmed the Trial Court order. In appeal to this Court, it was contended that the appellant was a confirmed patient diagnosed as paranoid and on the basis of the doctor's opinion be should have been discharged from service to avoid any risk to himself and others. Dismissing the appeal this Court F HELD: I.I. It is difficult to accept that being a paranoid, the appellant must he presumed to have committed the offences being seized of sudden impulsive fits of passion for which temporarily he was completely incapable to understand as to what be bad been doing G with what consequences. Even if it is assured that in the case of paranoid, the ordinary test for lucid interval as applicable in the case of patients with unsound mind is not to be applied and a paranoid is likely to be seized of sudden bouts of impulsive feats for which temporarily he becomes completely incapable to understand the implication of his activities, and such sudden bouts may also disappear H 437 438 SUPREME COURT REPORTS [1996) SUPP. 8 S.C.R. A within a very short time. (441 E-G) 1.2. ln the instant case it has been revealed from the evidence adduced that at the time of commission of offences the appellant did not completely lose his sense of understanding when the deceased caught hold of him and told that he would be taken to the officers, he B reported that the deceased could do that if he was alive then and so saying inflicted khukri blows on him. Such words and acts only demonstrate that at the time of commission of the offence he could explain his intended action with logic. Hence it is not necessary to consider the probabilities which may happen with a paranoid. In the facts of the case it has been clearly established that the accused was not C incapable to understand the implication of his acts. (441 H, 442 A) CRIMINAL APPELLATE JURISDICTION: Criminal Appeal No. 378 of 1987. From the Judgment and Order dated 3.3.87 of the Punjab and Haryana D High Court in Crl.A. No. 117-DB of 1986. K.M.K. Nair for the Appellant. Sudhir Walia for R.S. Suri for the Respondents. E The Judgment of the Court was delivered by G.N. RAY, J. This appeal is directed against the judgment dated 3.3.1987 passed by the Punjab and Haryana High Court in Criminal Appeal No. 117 DB of 1986 affirming the conviction under Section 302 !PC and F consequential sentence of imprisonment for lifo and fine of Rs. 2,000 in default further rigorous imprisonment for six months and conviction under Section 324 !PC and consequential sentence of six months rigorous imprisonment passed by the learned Sessions Judge, Bhatinda, in Sessions Case No. 24 of 1984. G The appellant Sri S.K. Nair was charged for committing murder of Naik B. Chowdhury and causing injuries with a 'khukri' (Nepaleese dagger) on Havildar P.P.S. Kashyap and the driver Joga Singh within the barrack in the Air Force Station, Bhisana in the early morning of August 13, 1982. The prosecution case in short is that the accused S.K. Nair and the deceased H B. Chowdhury and the injured Havildar P.P.S. Kashyap used to stay in the S.K. NAIR v. STATE OF PB. [G.N. RAY, J.] 439 same barrack being barrack No. I 9 in the said Air Force Station, Bhisana. A The deceased Naik B. Chowdhury was to proceed on leave with effect from August I 3, I 982 and the driver Joga Singh was ceputed to pick up the said Naik Chowdhury at 5 A.M. on August I 3, I 982 and to drop him to Ambala Railway Station. The said Naik Chowdhury requested Havildar P.P.S. Kashyap to awake him in the early morning. When Sri Kashyap went to awake Sri Chowdhury for the second time
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