DURGA DOMAR Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Five little children were brutally murdered in the evening of 24.6.1998. Appellant, a close relative of the five slain children had been arrested and charge- sheeted by the appellants. The sessions court convicted him of murder of five children and sentence him to death. A division bench of the High Court confirmed the conviction and sentence. He filed this appeal from jail, we appointed Mr. Mathai m. Paikadey, senior counsel to defend the appellant as amicus curiae. Mr. Bachawat, senior counsel argued for the state of M. P.

(2.) When the facts were narrated to this court on 17.7.2001, we felt the necessity to have the report of a team of doctors examining the appellant with reference to his mental faculties. Accordingly, we passed a proceeding on 17.2.2001 pursuant to which the registrar general of the High Court of M. P. took steps for the appellant being put under observation and examination by the psychiatrist/ superintendent of the Gwalior central Jail. Though we wanted the head of the department of psychiatry of the government medical college at Jabalpur to perform the examination, if necessary, with the help of a team of other doctors, the work has been done by the psychiatrist/super- intendent of Gwalior Manasik aroghyashala. It is reported that the appellant had suffered a "psychotic episode" though at present he did not exhibit any such symptoms. After perusing the said report we proceeded to hear the arguments.

(3.) Mr. Mathai M. Paikadey, learned senior counsel addressed arguments at length pleading for acquittal of the appellant of the charges made against him.