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Mentally ill murder accused acquitted

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The sessions court on Thursday acquitted a 25-year-old man, who had been arrested for murdering a 50-year-old unknown homeless man after the defence advocate was successful in proving that the accused was a mental patient.

He was acquitted as per IPC section 84 (nothing is an offence if the person committing the crime at the time of the incident is mentally unsound).

The court recorded the statements of two doctors who testified that the accused was suffering from mental illness at the time of the incident.

The prosecution's case dates back to July 23, 2013 when the accused, Murshid Alam, was seen attacking the 50-year-old in Andheri. Samsheralam Alam, Murshid's brother, in his statement to the court, said he had brought his brother to Kandivli from his native place, Katihar in Bihar, for treatment in KEM hospital. However, a day prior to the incident, Murshid ran away from his Kandivli residence.

The prosecution claimed that the accused had first strangulated the victim and had banged his head on the ground, leading to the deceased suffering head injuries. A milkman (the witness in the case) who was passing through the area had noticed the incident and tried to save the victim, but Alam scared him away. The milkman then sought help from a watchman near by, but no one came to his help.

The witness then called the police. However when the police reached the spot, the accused started pelting stones at them. They however overpowered him and took him into custody. The accused has been in their custody ever since.

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