Tirtha Dangol v. His Majesty’s Government of Nepal, NKP (2042), No. 5. P. 435 (case related to insanity) D.N. 2355
Case: Homicide
Appellant/Defendant: Tirtha Dongal (on behalf of Padma Raj Joshi)
Respondent/Plaintiff: HMG (on behalf of Jangi Singh Saud)
Decision No: 2355
Case related to Insanity
Facts of the case:
Accused Padma Raj Joshi had a mental disorder due to a disease called schizophrenia. According to Kanchanpur Hospital, “A person with schizophrenia can commit any crime.”
Padma Raj Joshi during his insanity resulting from mental disturbance for the last 6/7 days, axed his wife, Damayanti Devi, to death on 2036/4/17 while she was breastfeeding her infant daughter at around 4:00 PM in the afternoon.
As accused confessed, “While sleeping, he suddenly felt as if the character of his wife was not good, so he killed her with an axe while she was breastfeeding her daughter. His father came to know about it hearing his cry that he had killed his wife. Just after killing, he shouted, saying, “I killed.”
Jangi Singh Saud, a local representative, filed the case on behalf of the victim in Kanchanpur District court.
Kanchanpur District Court:
Some witnesses said (in the Sarjamin/scene of crime inquest) that the killing might have been committed due to the insane mental state of the defendant; sometimes he used to act insane.
There is no other person or any plan (than himself) to kill his wife (as his father, Shiva Datta Joshi said). Kanjare Bohora and Purna Bd. Bohora said that they had no illicit relationship with Damayanti Devi.
According to Kanchanpur Hospital, “A person with schizophrenia can commit any crime due to fear and anger with surroundings.”
On such basis, the district court decided the case on behalf of Padma Raj Joshi according to no. 1 of punishment. Kanchanpur District Court has ruled that Padma Raj will not be punished as he did not commit the murder due to mental imbalance.
Sudhur Paschim Regional Court:
The case was appealed to the regional court by the plaintiff in respect to HMG. As the accused said in custody, the murder was due to anger with the wife’s character.
The regional court decided the case on behalf of the plaintiff, saying that “there is no such evidence to prove that the accused was insane while committing the crime.”
So, punishment was given under No. 13(1) of Chapter on homicide.
Supreme Court Division Bench:
Tirtha Dangol appealed on behalf of Padma Raj Joshi when he was in detention. The division bench approved the decision done by the regional court.
Then again, Tirtha Dangol gave an application to HMG through the Judicial Committee asking to rehear the case. As HMG ordered, the case is reheard by the Supreme Court full bench.
Fact in issue:
– Whether the defendant is insane or not?
– Whether the decision made by the division bench is right or not?
Supreme Court Full Bench:
As Jangi Singh said in his claim paper, the accused was mad (insane) for 6/7 days. The relationship between husband and wife was good; there was neither any quarrel nor did she have bad character. (Witness said) Normally, a criminal tries to hide his crime or tries to run away. But here, the accused himself shouted that he killed. No attempt by the defendant to conceal his crime.
Hence, the defendant was found entitled to the defense of insanity as provided in no. 1 of the chapter on punishment. The decision of the district court is approved and Padma Raj Joshi acquitted and released from detention.
Principle Established:
No punishment should be imposed to the accused who committed crime due to mental imbalance.
