Additional sessions judge Kamini Lau held that though accused Brij Mohan has been proved to have killed his wife Pushpa (70) and then attempted to commit suicide by consuming a corrosive substance, yet ‘in view of the fact that it stands established from his medical record that at the time of the incident, the accused by the reason of unsound mind was incapable of knowing the nature of his act or that what he was doing was wrong on contrary to law.’ The court acquitted the senior citizen saying ‘he did not know what he was doing’.
The judge, however, did not release Mohan saying it was not safe for him and for others as earlier also, being afflicted by psychiatric ailments, he had tried to harm himself and others when he killed his wife and destroyed the property by burning the temple in his house.
‘Under the given circumstances, I feel that Mohan cannot be set free since he may pose danger to his other family members, friends and public and also to himself. Hence, in the interest of justice, he is directed to be shifted to Institute of Human Behaviour and Allied Sciences (IHBAS)’, the court said.
In its judgement, the court also discussed provisions of the proposed amendment in sub section (1) of Section 124 of Mental Health Bill, 2013, apparently seeking to decriminalise attempt to suicide by creating a presumption in favour of the person who attempts to commit suicide to the extent that he at the time of attempting suicide was suffering from mental illness, unless the contrary is proved.
The judge, however, did not release Mohan saying it was not safe for him and for others as earlier also, being afflicted by psychiatric ailments, he had tried to harm himself and others when he killed his wife and destroyed the property by burning the temple in his house.
‘Under the given circumstances, I feel that Mohan cannot be set free since he may pose danger to his other family members, friends and public and also to himself. Hence, in the interest of justice, he is directed to be shifted to Institute of Human Behaviour and Allied Sciences (IHBAS)’, the court said.
In its judgement, the court also discussed provisions of the proposed amendment in sub section (1) of Section 124 of Mental Health Bill, 2013, apparently seeking to decriminalise attempt to suicide by creating a presumption in favour of the person who attempts to commit suicide to the extent that he at the time of attempting suicide was suffering from mental illness, unless the contrary is proved.