Punjab & Haryana HC Acquits Man Of 'Unsound Mind' Convicted Of Murdering 3 Yr-Old Daughter, Says Insanity Doesn't Render Person Inhuman

Finding that the convict was mentally unsound at the time of incident, the Punjab & Haryana High Court acquitted a man convicted and sentenced to life imprisonment for the murdering his three-year-old daughter.The Court allowed the defence under Section 84 IPC to the convict since mens rea was absent due to the accused's prolonged mental illness and he was incapable of understanding the nature and consequences of his actions at the time of the offence. Justice Sureshwar Thakur and Justice Vikas Suri said, "Insanity does not render a person inhuman. Human rights continue to vest in all human beings irrespective of their mental condition. Persons of unsound mind who commit a criminal act are not criminals. They do not deserve punishment, however, they require medical help. They can be a source of threat to the society and to their own selves, thus it is important to keep them under supervision."The Court further said that the punishment cannot reform them so they should be shifted either in safe custody or delivered to some relative or friend or be kept in an asylum.It added that whenever a person is acquitted on the grounds of insanity, the court shall specifically state its findings whether the act had been committed by the accused or not. Upon acquittal such persons are to be kept in safe custody in such place and manner as the court deems fit. "Some friend or relative may be allowed to keep the person upon their making an application and furnishing security to the Court that such person shall be properly taken care of and prevented from doing injury to himself or any other person."The bench highlighted that where it is not possible for a mentally ill person to live with his family or relatives, or where a mentally ill person has been abandoned by his family or relatives, the appropriate Government shall provide support as appropriate.According to prosecution in 2011, the convit Dhanna Ram's wife witnessed him strangulating their daughter in the midnight and despite her attempts to intervene, he continued to the assault, claiming that their daughter was a witch who would harm their son. He subsequently stuck her with a pan, causing her death. Dhanna Ram was convicted and sentenced by the Sessions Court, Panchkula, for the murder of his minor daughter. He was convicted under section 302 IPC and sentenced to life imprisonment with a fine of Rs. 5000. The prosecution had also alleged an offence under section 376(f) IPC (rape of a minor by a guardian) but the trial court convicted him only for murder.After analysing the submissions, the Court noted the testimony of the psychiatrist who testified that Dhanna Ram was suffering from “Auditory Hallucinations” and delusions.The psychiatrist stated that he did not understand his actions during his psychotic episodes and was placed in a psychiatric ward after his arrest.The Court also summarized from the following principles:(a) The benefit of Section 84 IPC is to be endowed to the accused only when he establishes the said plea through the circumstances which preceded, attended and followed the crime.(b) The onus is on the defence to prove the unsoundness of mind of the accused at the time of commission of the crime event.(c) The accused who is subjected to recurring fits of insanity will be entitled to exemption from criminal liability, only if he was subjected to such a fit at the time of the commission of the crime. However, if he was capable of understanding the nature and consequences of his actions at the time when he committed the offence, thereupon he would not be entitled to the protection of Section 84 and would be liable to punishment.(d) The inherent requirement of Section 84 IPC is the existence of organic incapacity in the accused, and, the said incapability may be on account of lack of development of the mind, sudden fit of insanity or delusion or some other medically accepted fact or in the face of the organic incapacity or lack of development of mind, thus the accused becoming disabled to distinguish between right and wrong and between legality and illegality.Considering the principles required under Section 84 IPC has been established the court set aside the conviction and acquitted the convict. While directing to release the convict, the court directed the District Welfare Officer to ensure that the appellant is produced before the trial Court concerned, so in terms of the provisions of Section 335 CrPC (Person acquitted on such ground to be detained in safe custody).Ms. Sharmila Sharma, Advocate (Amicus Curiae) with Mr. H.P.S.Ishar, Advocate for the appellant.Mr. Pardeep Prakash Chahar, Sr. DAG, Haryana.Title: Dhanna Ram v. State of HaryanaCitation: 2025 LiveLaw (PH) 66Click here to read/download the order

Punjab & Haryana HC Acquits Man Of 'Unsound Mind' Convicted Of Murdering 3 Yr-Old Daughter, Says Insanity Doesn't Render Person Inhuman

Aiman J. Chishti

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