The Madurai Bench of the Madras High Court has confirmed the life sentence imposed on a man by the trial court in Tirunelveli for the murder of his four-year-old son in 2012. The man had committed the crime as he thought that his wife was more affectionate to the child and was neglecting him.
A Division Bench of Justices V. Bharathidasan and R. Pongiappan upheld the life sentence imposed on Krishna alias David by the I Additional District and Sessions Judge, Tirunelveli, and dismissed the criminal appeal filed by him.
The man attacked the child with a billhook, causing the death of his son. The advocate for the petitioner submitted that the man was suffering from mental health issues. However, the State submitted that there was no material available on record to show that at the time of the occurrence the man was suffering from mental health issues.
The court took note of the fact that on the day of the occurrence, the man had verbally abused his wife and took their child with him. Subsequently, he attacked the child and criminally intimidated the people who tried to catch him, including his wife.
The grievance of the man was that his wife was not affectionate to him and was not taking care of him. There was also a quarrel between the couple before the occurrence. Apart from this, there was no serious dispute between the couple.
Taking note of the fact that there was no material on record to show that at the time of the occurrence, the man was suffering from mental health issues and relying on medical records the court observed that the man cannot claim any benefit under Section 84 (Act of a person of unsound mind) of IPC.
As already held, the man had committed the offence out of extreme anger and not as a result of unsound mind. The court said that it was of the considered view that the man failed to prove that at the time of the occurrence, he was suffering from mental illness and that he had committed the crime without knowing the nature of the act.
Published - November 05, 2021 05:21 pm IST
