Gauhati High Court Sets Aside Life Sentence Of Man Who Killed Wife While Suffering From Unsoundness Of Mind
Case: Zakir Hussain V. The State Of Assam And Anr
Coram: Justice Suman Shyam and Justice Malasri Nandi
Case No.: Crl.A./376/2019
Court Observation: “We say so because unless a person was suffering from some form of “depression” it wouldn’t be possible for him to kill his wife sleeping next to him for no rhyme or reason and then try to commit suicide by hitting his head with a ‘dao’ by ignoring the fact that he had small children at home. The accused also did not try to flee or destroy any evidence although he had the opportunity to do so. We are, therefore, of the opinion that the appellant would not have resorted to such a behavior had he been in a position to comprehend the consequences of his conduct,”
“The burden to prove such fact was upon the accused but the accused is not required to prove the same beyond all reasonable doubt but has merely to satisfy the requirement of the preponderance of probability,”
“The learned trial court is also granted liberty to consider application, if any, filed by a near relative or friend of the appellant under Section 335(1)(b) of the Cr.P.C. after recording proper satisfaction that the conditions mentioned in sub-section (3) of Section 335 of the Cr.P.C. are fully satisfied,”
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Keywords
Unsoundness Of Mind, Life Sentence
