Case: Bonda Kui Vs. Emperor. 1943
Appellant: Bonda Kui
Respondent: Emperor
Facts:
- On the night of 15th November 1940, Bonda Kui and her niece were the sole residents of the house. She saw a figure dancing in a state of complete nudity with a broomstick tied on one side in the middle of the night and a torn mat around the waist.
- The Appellant thought it is an evil spirit which consumes humans and so the appellant gave repeated blows by a hatchet. She instantly informed her niece that she had killed an evil spirit.
- Examination shower that appellant had killed a human being who was the wife of her husband’s brother.
- The Appellant gave statement which is only evidence in this case. All along the appellant maintained that she did not take the unfortunate deceased to be a human being at all.
- Appellant thought that it was something which eats up human beings.
Issues involved:
- Whether Bonda Kui should be fully protected under Section 79 of the Indian Penal Code, 1860 or not?
Contentions of Appellant:
The Counsel Advocated that the Appellant is fully protected by the provisions of Section 79, Indian Penal Code.
Section 79 of Indian Penal Code states that nothing is an offence which is done by any person who, by reason of a mistake of fact and not by reason of a mistake of law in good faith, believes himself or herself to be justified by a law in doing it.
Contentions of Respondent:
The respondent stated that the appellant is not protected under Section 79, Indian Penal Code.
Judgement:
The court held that the Appellant is not protected under Section 79 of Indian Penal Code and convicted her under Section 304 of Indian Penal Code.
However, keeping in the mind the state of society to which she belonged and her superstitious beliefs, the Judge imposed upon her a sentence of six years rigorous imprisonment only.
Thus, the Additional Sessions Judge convicted fifty years old appellant only for an offence under Section 304 of IPC and sentenced her to imprisonment.
Conclusion:
In this present case, the appellant is not protected under Section 79 of Indian Penal Code.
Drafted By: Sangeeta N, Presidency University, Bangalore
Edited By: Tanvi Mahajan, Publisher, Law Insider
Published On: February 23, 2022 at 21:30 IST