Burden on the defense to prove the plea of insanity need not be proved beyond all manner of doubt: Rajasthan HC

Burden on the defense to prove the plea of insanity need not be proved beyond all manner of doubt: Rajasthan HC

The Rajasthan High Court ruled that Burden on the defense to prove the plea of insanity need not be proved beyond all manner of doubt.


The appellant Mohanlal was married to Jhamka daughter of Sanwla Ram about 5 years before the incident. Jhamka was inflicted injuries at her matrimonial home and was taken to the hospital where she was declared dead. Sanwla Ram, father of the deceased, submitted a written report to the SHO, Police Station Jhab on the very same day at the CHC, Sanchore alleging inter alia that his daughter Jhamka was married to the appellant herein, about 5 years ago. The maternal relatives viz. the husband Mohanlal, the sister-in-law Manju Devi and the brother-in-law Bhakhra Ram used to harass and humiliate his daughter on account of demand of dowry. Whenever she came to the maternal home, she complained of these incidents to him. The complainant alleged that he had given sufficient dowry but still, the deceased was being harassed in the matrimonial home. His younger brother Himmta Ram was informed by Chhagna Ram on mobile phone regarding the murder of Jhamka on which, all of them proceeded to the matrimonial home where they saw the dead body of Jhamka lying in the Aangan (courtyard). He alleged that his daughter had been murdered on account of demand of dowry.


Advocate Dinesh Vishnoi, appearing the appellant, urged that the accused was suffering from insanity well before and even on the day of the incident and thus, he is entitled to the benefit of plea of insanity by virtue of Section 84 of the IPC. 

AGC B.R. Bishnoi, vehemently and fervently urged that the material prosecution witness Karsan Ram clearly stated that upon receiving information of the violent incident, he reached the place of incident and saw that Mohanlal was present in the house and the dead body of Jhamka was lying there in a pool of blood.


The division bench of Justice Sandeep Mehta and Justice Sameer Jain noted that there is unimpeachable documentary as well as oral evidence which establishes beyond all manner of doubt that the accused was being provided treatment for the mental ailment since the year 2010 onwards.  

The court accepted the plea of insanity advanced on behalf of the appellant to overturn his conviction as recorded by the trial court by the impugned Judgment.

The court directed the appellant to furnish a personal bond in the sum of Rs.40,000/- and a surety bond in the like amount before the trial court, which shall be effective for a period of six months to the effect that in the event of filing of a Special Leave Petition against the present judgment on receipt of notice thereof, the appellant shall appear before the Supreme Court.

Case title: Mohan Lal v/s State 

Citation: D.B. Criminal Appeal No. 6/2020

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