The sessions court recently acquitted a 25-year-old man, who had been arrested for the murder of a 50-year-old homeless man after the defence managed to prove that the accused was mentally ill.
The court recorded the statements of two doctors who testified that the accused was suffering from mental illness at the time of the incident.
On July 23, 2013, the accused Murshid Alam was allegedly seen attacking the unidentified homeless man in Andheri. Samsheralam Alam, Murshid's brother, in his statement to the court, said he had brought his brother to Kandivli from Bihar for treatment in KEM hospital. However, a day before the incident, Murshid had run away from hi home.
The prosecution argued that the accused had first strangulated the victim and then banged his head on the ground, due to which he had suffered grievous injuries. A milkman (the witness in the case) who was passing through the area saw what happened. He said he had tried his best to save the victim, but Alam scared him away. The milkman then sought the help of a watchman who was nearby, but no one came to his aid.
The witness then called the police. However, when the police reached the spot, Alam started pelting stones at them. However, they managed to overpower him and took him into custody. The accused has been in their custody ever since.
Alam was acquitted as per section 84 (nothing is an offence if the person committing the crime at the time of the incident is mentally unsound) of the Indian Penal Code.