Delhi court rejects man's plea of mental illness, convicts him for killing his child

A Delhi court on Monday rejected a man's claim of being mentally ill and proceeded to convict him for killing his daughter and attempting to kill his wife [State v. Krishan Jambad]..Additional Sessions Judge Shivaji Anand observed that the fact that the man made a telephone call to the police after committing the crime indicated that he knew he had done something wrong.“Accused was fully aware about his acts since after the incident in question he made call at 100 number, which means he was aware that he had done something wrong intimation of which is to be given to the police,” the judgment underlined.The judge noted that even if it is assumed for argument sake, that the accused required medical treatment, the case would not fall under the purview of “legal insanity”..The man had also hid the knife used in the crime, which took place in April 2016, showing he knew he had to keep the murder weapon out of the police’s reach, the Court observed.“Even before the incident he kept the door locked so that his wife could not run away. Hence the case of the accused can not be said to be a case of legal insanity,” the order held..The victim deposed to reveal that her husband was suspicious about her, and on the night of the incident asked her turn into goddess Kali, besides threatening to kill their daughter if she did not comply. The man thereafter attacked his wife and daughter with a knife, and the girl succumbed to the injuries inflicted on her neck..The judgment further noted that the accused had made a phone call to the police, following which police persons reached the crime scene and broke open the door of the house.The amicus curiae who argued the plea of “insanity” on behalf of the accused pointed out that the man had no intention to kill. What happened on the day of the incident was stated to be the outcome of the man being mentally unwell; the crime was a case of “sudden provocation”..The Court, however, held that a sudden provocation had not prompted the man to do what he did because the crime had occurred at a time when the victims were asleep.“Hence the incident in question can not be said to be occurred due to sudden provocation. Accordingly, the act of the accused is not covered under the exception of sudden provocation resulted to murder of his daughter,” the verdict added..The man was therefore held guilty under Sections 302 (murder) and 307 (attempt to murder) of the Indian Penal Code.Arguments on the quantum of sentence will be heard on January 20..Amicus Curiae Yashvir Singh appeared for the accused while Additional Public Prosecutor Sanjay Jindal represented the State..[Read Judgment]