Court sets aside conviction of mentally ill man
Saravanan.L1@timesgroup.com
Madurai: The Madurai bench of the Madras high court on Wednesday set aside the life term awarded by a lower court to a person for killing two women in 2005. The court observed that the man was of unsound mind at the time of the incident.
The court also ordered the superintendent of police, Madurai central prison, where he has been lodged, to hand him over to the Institute of Mental Health, Kilpauk, Chennai. The court also directed the judicial magistrate of Uthamapalayam in Theni to deal with him further as per provisions of the Metal Health Act, 1987.
On July 1, 2005, a person named Panneerselvam attacked a woman called Indira while she was fetching water from a public tap at Chinnamanoor in Theni. Another woman, Pushpam, who came to her rescue was also attacked. It resulted in the death of the two women.
The fast track court in Periyakulam on September 24, 2007, sentenced Panneerselvam to life for murder and seven years imprisonment for attempt to murder.
Panneerselvam appealed against the sentence in 2016. The division bench of justices R Subbiah and A D Jagadish Chandira delivered judgment on the appeal setting aside the conviction on Wednesday.
The bench said Government Rajaji Hospital psychiatrist Ramanujam, who examined the appellant in 2005 certified that he was not in a fit state of mind and was suffering from schizophrenia. Thereafter, when the appellant was sent to Institute of Mental Health, Kilpauk, in Chennai for further observation, doctor Gopalakrishnan certified that the appellant showed improvement.
“During cross-examination, the doctor said that a person of unsound mind could not know what he is doing. However, on the basis of the opinion of the visitor’s committee which assessed the appellant’s mental status, the doctor said that he was fit to stand trial. On a cumulative reading of the evidence of both the doctors, the court came to the conclusion that at the time of occurrence, the accused (appellant) was not in a sound state of mind. There was no motive for him to cause the death of two persons,” the bench said.
Saravanan.L1@timesgroup.com
Madurai: The Madurai bench of the Madras high court on Wednesday set aside the life term awarded by a lower court to a person for killing two women in 2005. The court observed that the man was of unsound mind at the time of the incident.
The court also ordered the superintendent of police, Madurai central prison, where he has been lodged, to hand him over to the Institute of Mental Health, Kilpauk, Chennai. The court also directed the judicial magistrate of Uthamapalayam in Theni to deal with him further as per provisions of the Metal Health Act, 1987.
On July 1, 2005, a person named Panneerselvam attacked a woman called Indira while she was fetching water from a public tap at Chinnamanoor in Theni. Another woman, Pushpam, who came to her rescue was also attacked. It resulted in the death of the two women.
The fast track court in Periyakulam on September 24, 2007, sentenced Panneerselvam to life for murder and seven years imprisonment for attempt to murder.
Panneerselvam appealed against the sentence in 2016. The division bench of justices R Subbiah and A D Jagadish Chandira delivered judgment on the appeal setting aside the conviction on Wednesday.
The bench said Government Rajaji Hospital psychiatrist Ramanujam, who examined the appellant in 2005 certified that he was not in a fit state of mind and was suffering from schizophrenia. Thereafter, when the appellant was sent to Institute of Mental Health, Kilpauk, in Chennai for further observation, doctor Gopalakrishnan certified that the appellant showed improvement.
“During cross-examination, the doctor said that a person of unsound mind could not know what he is doing. However, on the basis of the opinion of the visitor’s committee which assessed the appellant’s mental status, the doctor said that he was fit to stand trial. On a cumulative reading of the evidence of both the doctors, the court came to the conclusion that at the time of occurrence, the accused (appellant) was not in a sound state of mind. There was no motive for him to cause the death of two persons,” the bench said.
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