Relief for ill man in murder case

A division bench comprising Justice M Jaichandren and Justice S Nagamuthu while setting aside the sentence ordered by a session court, said, “From the medical evidence, it has been clearly established that the accused was suffering from unsoundness of mind at the time of occurrence. Therefore, the act of the accused in causing the death of his son as well as in attempting to commit suicide, would not make out any offence, either under section 302 IPC or under section 309 IPC. Thus we hold that the accused is entitled for acquittal.” 

Having lost his wife, his job and an accident rendering him immobile, resulted in him going through some kind of depression. On July 8, 2009, driven by the horror and depression, he gave his son sleeping tablets and also consumed the same. He then came to his father-in-law’s house and locked himself and son in a room claiming that he had decided to commit suicide with his son. 

Thereafter, when the room door was broken open, it was found that the boy had died while he was in an unconscious state. He later survived after due treatment and thereafter a case of homicide and attempt to suicide was registered against him.