Defense Pleas to be Well Founded

State of Kerala vs. Madhavan Pillai

Filed under: Section 84, 302, 324, 309 of the Indian Penal Code
Appellant: State of Kerala
Respondent:Madhavan Pillai
Citation:AIR 1958 Kerala 80
Court:Ion the High Court of Kerala
Judges: Honorable Mr. Justice Raman Nayar

This is an appeal filed by the State of Kerala against the decision of the Sessions judge acquitting Madhavan Pillai of the charge of murdering his wife and severely injuring his son

Facts

Madhavan Pillai stabbed his wife with a knife in the abdomen as a resulting in her death. Their one and a half year old son was also seriously injured as a result of a knife wound inflicted by Madhavan Pillai. After stabbing his wife and child Madhavan Pillai also stabbed himself.

The sessions judge held that Madhavan Pillai had committed the above mentioned acts but acquitted him while holding that, at the time of committing the act, he was suffering from unsoundness of mind and hence was incapable of knowing the nature of his acts or that such acts were contrary to law.

The current appeal was then filed by the State of Kerala challenging the judgment of the Sessions judge.

Observations of the Court

The High Court observed that Madhavan Pillai had never pleaded insanity before the session judge. All that he had pleaded was physical illness, which affected his mind.

The High Court held that insanity could not be inferred merely because after stabbing hiwife and child Madhavan Pillai did not attempt to evade justice. It was observed that there was no evidence of legal insanity but only of abnormality and that, some degree of abnormal behavior was involved in all crimes.

The High Court thus allowed the appeal filed by the State of Kerala and convicted Madhavan Pillai of murdering his wife and causing grievous injury to his infant son.

Sections Referred: