STATE OF MADHYA PRADESH Vs. AHMADULLA
LAWS(SC)-1961-1-37
SUPREME COURT OF INDIA (FROM: MADHYA PRADESH)
Decided on January 25,1961

STATE OF MADHYA PRADESH Appellant
VERSUS
AHMADULLA Respondents


Cited Judgements :-

BARKU KRISHNA VS. STATE OF GUJARAT [LAWS(GJH)-1971-3-3] [REFERRED]
HARDAYAL SINGH VS. STATE OF H.P. [LAWS(HPH)-2003-7-34] [REFERRED TO]
SENTHILKUMAR VS. INSPECTOR OF POLICE, TRICHY DISTRICT [LAWS(MAD)-2013-6-95] [REFERRED TO]
SATISH VS. STATE OF MAHARASHTRA [LAWS(BOM)-2024-1-45] [REFERRED TO]
MURTHY VS. STATE OF TAMIL NADU [LAWS(MAD)-1987-1-47] [REFERRED TO]
RAGHUNATH SITARAM NAIK VS. STATE OF GOA [LAWS(BOM)-2012-3-169] [REFERRED TO]
Madhukar Ganpat Nigade VS. State of Maharashtra [LAWS(BOM)-2005-11-44] [REFERRED TO]
VITHAL ABASAHEB CHAVAN VS. STATE OF MAHARASHTRA [LAWS(BOM)-2008-7-77] [REFERRED TO]
SUNIL TEJBAHADUR SINGH THROUGH ANILSINGH S/O. TEJBAHADUR VS. STATE OF GUJARAT [LAWS(GJH)-2016-11-31] [REFERRED TO]
STATE OF MAHARASHTRA VS. SHESHRAO S/O SONAJI JADHAV [LAWS(BOM)-2017-12-216] [REFERRED TO]
SOMESWAR NATH VS. STATE OF ASSAM [LAWS(GAU)-1997-2-27] [REFERRED TO]
JAGTAR SINGH JAGGA ALIAS GANJA VS. STATE OF DELHI [LAWS(DLH)-2012-1-84] [REFERRED TO]
BIHARILAL VS. STATE OF H P [LAWS(HPH)-2004-12-7] [REFERRED TO]
GOPAL SINGH VS. STATE OF HIMACHAL PRADESH [LAWS(HPH)-2014-11-40] [REFERRED TO]
STATE VS. EMERCIANO LEMOS [LAWS(BOM)-1969-3-22] [REFERRED]
H S TRIVEDI AND VITHAL BHIKAJI MAYEKAR AND SHANKAR BHIKAJI MAYEKAR VS. NAMDEV VISHNU KANALEKAR [LAWS(BOM)-1984-12-16] [REFERRED TO]
MOTIRAM MAROTI DHULE VS. STATE OF MAHARASHTRA [LAWS(BOM)-2002-7-187] [REFERRED TO]
STATE OF GUJARAT VS. MAHENDRASINH HAMIRSINH SOLANKI AND ORS [LAWS(GJH)-2015-4-347] [REFERRED]
ABDULLAH BHAT VS. STATE [LAWS(J&K)-1998-9-17] [REFERRED TO]
RAMKUMAR S/O NEPAL SINGH KAURAV VS. STATE OF MADHYA PRADESH THROUGH P S CHICHLEE [LAWS(MPH)-2017-10-169] [REFERRED TO]
RAM BAHADUR THAPA VS. STATE OF M.P. [LAWS(MPH)-2021-10-122] [REFERRED TO]
PADALA SURYANARAYANA VS. STATE [LAWS(APH)-1964-4-5] [REFERRED TO]
T N LAKSHMAIAH VS. STATE OF KARNATAKA [LAWS(SC)-2001-10-134] [REFERRED]
MEENA BAI VS. STATE OF M P [LAWS(MPH)-2012-2-136] [REFERRED TO]
JAI PAL SINGH VS. STATE [LAWS(ALL)-2007-5-415] [REFERRED TO]
STATE OF GUJARAT VS. DHARMENDRASINH alias MANSINH RATANSINH MAKWANA [LAWS(GJH)-2001-7-6] [RELIED ON]
KUTTAPPAN VS. STATE OF KERALA [LAWS(KER)-1985-11-31] [REFERRED TO]
TUKAPPA TAMANNA LINGARDI VS. STATE OF MAHARASHTRA [LAWS(BOM)-1990-7-14] [REFERRED TO]
THANKACHAN VS. STATE OF KERALA [LAWS(KER)-2011-4-109] [REFERRED TO]
TUFAN VS. STATE OF MADHYA PRADESH [LAWS(MPH)-2022-7-131] [REFERRED TO]
STATE VS. ANANTA MURMU [LAWS(ORI)-2016-6-9] [REFERRED TO]
KAIL SINGH VS. STATE OF PUNJAB, ANR. [LAWS(P&H)-1981-8-28] [REFERRED TO]
BUDHIS RAI VS. STATE OF SIKKIM [LAWS(SIK)-2014-12-1] [REFERRED TO]
NARAD PARIYAR VS. STATE OF SIKKIM [LAWS(SIK)-2014-8-8] [REFERRED TO]
DASAUNDHI VS. STATE [LAWS(HPH)-1965-4-1] [REFERRED TO]
SAVITRI DEVI VS. STATE OF U P [LAWS(ALL)-2003-7-174] [REFERRED TO]
ACHANTA RAMA KRISHNA VS. STATE OF ANDHRA PRADESH, REP BY PUBLIFE INSURANCE [LAWS(APH)-2006-7-154] [REFERRED]
GOVINDASWAMI VS. STATE [LAWS(MAD)-1964-7-4] [REFERRED TO]
PARAPUZHA THAMBAN VS. STATE OF KERALA [LAWS(KER)-1989-1-7] [REFERRED TO]
JEEWAN SINGH VS. STATE OF PUNJAB [LAWS(P&H)-2019-9-218] [REFERRED TO]
JEEWAN SINGH VS. STATE OF PUNJAB [LAWS(P&H)-2019-9-218] [REFERRED TO]
JEEWAN SINGH SIDHU VS. STATE OF PUNJAB [LAWS(P&H)-2019-9-452] [REFERRED TO]
JEEWAN SINGH SIDHU VS. STATE OF PUNJAB [LAWS(P&H)-2019-9-452] [REFERRED TO]
RADHEY SHYAM VS. STATE [LAWS(DLH)-2010-2-279] [REFERRED TO]
REJI THOMAS VS. STATE OF KERALA [LAWS(KER)-2023-8-14] [REFERRED TO]
BENNY JOSEPH VS. STATE OF KERALA [LAWS(KER)-2023-6-37] [REFERRED TO]
BALSAI VS. STATE OF MADHYA PRADESH (NOW CHHATTISGARH) [LAWS(CHH)-2001-8-12] [REFERRED TO]
JEEWAN SINGH SIDHU VS. STATE OF PUNJAB [LAWS(P&H)-2019-9-208] [REFERRED TO]
JEEWAN SINGH SIDHU VS. STATE OF PUNJAB [LAWS(P&H)-2019-9-208] [REFERRED TO]
UPEN BASUMATARY VS. STATE OF ASSAM [LAWS(GAU)-2023-12-37] [REFERRED TO]
PARAMJEET SINGH VS. STATE [LAWS(DLH)-2013-1-55] [REFERRED TO]
Digendra alias Dwijendra Nath Roy VS. State [LAWS(CAL)-1967-11-11] [REFERRED TO]
K M THOMAS VS. STATE [LAWS(MAD)-1971-9-25] [REFERRED]
KISHANLAL & ANR VS. STATE OF M P [LAWS(MPH)-2017-8-117] [REFERRED TO]
HUSSAIN VS. STATE OF KERALA [LAWS(KER)-2005-8-31] [REFERRED TO]
NAIB SINGH S O MAKHAN SINGH VS. STATE OF PUNJAB [LAWS(SC)-1983-4-24] [RELIED ON]
NAGJI VS. THE STATE OF RAJASTHAN [LAWS(RAJ)-1982-4-28] [REFERRED TO]
TRILOCHAN KAPOOR SHARMA VS. STATE OF SIKKIM [LAWS(SIK)-2023-5-6] [REFERRED TO]
BALWANT SINGH VS. STATE OF HIMACHAL PRADESH [LAWS(HPH)-2014-10-8] [REFERRED TO]
VINOD ALIAS DINESH VS. STATE OF HIMACHAL PRADESH [LAWS(HPH)-2016-6-61] [REFERRED TO]
AJIKUMAR VS. STATE OF KERALA [LAWS(KER)-2023-8-128] [REFERRED TO]
MOTIRAM MAROTI DHULE VS. STATE OF MAHARASHTRA [LAWS(BOM)-2002-7-102] [REFERRED TO]
RAMAN VS. STATE OF KERALA [LAWS(KER)-1991-7-70] [REFERRED TO]
KISHANLAL VS. STATE OF M.P. [LAWS(MPH)-2017-8-11] [REFERRED TO]
PRATAP VS. STATE OF MP [LAWS(MPH)-2017-9-169] [REFERRED TO]
NAGJI VS. STATE OF RAJASTHAN [LAWS(RAJ)-1982-4-6] [REFERRED TO]
RAM CHANDRA S/O GAJANAND MALI VS. STATE OF RAJASTHAN [LAWS(RAJ)-1984-1-63] [REFERRED TO]
RATAN LAL VS. STATE OF MADHYA PRADESH [LAWS(SC)-1970-12-7] [DISTINGUISHED]
ALLADEEN VS. STATE OF RAJASTHAN [LAWS(RAJ)-2016-1-106] [REFERRED TO]
SURENDER SINGH VS. STATE OF HIMACHAL PRADESH [LAWS(HPH)-2015-5-100] [REFERRED TO]
KARSANBHAI DAHYABHAI KOLI VS. STATE OF GUJARAT [LAWS(GJH)-1995-9-48] [REFERRED]
RAJU M.A. VS. STATE OF KERALA [LAWS(KER)-2024-11-5] [REFERRED TO]
SUBRAMANIAM ALIAS ALLABAKSH VS. STATE OF TAMIL NADU [LAWS(MAD)-1963-7-8] [REFERRED TO]
BUDHA DATTU UMAVANE VS. STATE OF MAHARASHTRA [LAWS(BOM)-1984-9-38] [REFERRED TO]
URLIKIA MEDINA VS. STATE [LAWS(ORI)-1962-10-11] [REFERRED TO]
STATE OF KERALA VS. RAVEENDRAN [LAWS(KER)-1977-11-40] [REFERRED TO]
MANGLA RAM VS. STATE OF RAJASTHAN [LAWS(RAJ)-1984-1-61] [REFERRED TO]
SURENDERA MISHRA VS. STATE OF JHARKHAND [LAWS(SC)-2011-1-30] [REFERRED TO]
SANKARAN VS. STATE [LAWS(KER)-1993-9-2] [RELIED ON]


JUDGEMENT

Ayyangar, J. - (1.)This is an appeal by special leave by the State of Madhya Pradesh against the dismissal of an appeal preferred by it to the High Court of Madhya Pradesh (Gwalior Bench) which declined to reverse the order of acquittal passed by the Sessions Judge holding the respondent not guilty of an offence under S. 302 of the Indian Penal Code. The ground of acquittal by the Sessions Judge, which was concurred in by the High Court was that the respondent was of unsound mind at the time of the commission of the crime and so was entitled to an acquittal under S. 84 of the Indian Penal Code.
(2.)There is very little dispute about the facts or even about the construction of S. 84 of the Code because both the learned Sessions Judge as well as the learned Judges of the High Court on appeal have held that the crucial point of time at which the unsoundness of mind, as defined in that section, has to be established is when the act was committed. It is the application of this principle to the facts established by the evidence that is the ground of complaint by the appellant-State before us.
(3.)Section 84 of the Indian Penal Code which was invoked by the respondent successfully in the Courts below runs in these terms:
"Nothing is an offence which is done by a person who, at the time of doing it, 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."
It is not in dispute that the burden of proof that the mental condition of the accused was, at the crucial point of time, such as is described by this section lies on the accused who claims the benefit of this exemption (vide S. 105, Indian Evidence Act, Illustration (a) ).


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