BABU VALLERIYAN Vs. THE STATE OF KERALA

JUDGEMENT

(1.) A mentally unsound man, said to be suffering from Paranoid Schizophrenia, is being tried for murder in the Court of the Additional Sessions Judge-V, Kollam. He has approached this Court through his mother raising a grievance that the court below is proceeding with the trial without trying the fact of unsoundness of mind and his incapacity to make a defence as contemplated under law. He seeks issuance of directions to the learned Sessions Judge to proceed under Chapter XXV of the Code of Criminal Procedure, 1973 ("the Code" for the sake of brevity) which provides for provisions governing the procedure of trial of cases where the accused is suffering from unsoundness of mind.

(2.) According to the petitioner, he is a person having a history of mental illness and is suffering from Schizophrenia as mentioned above. He was in judicial custody till his enlargement on bail on 1.9.2018. The petitioner was arrested on 20.8.2016 and on 18.8.2017, the case was posted for framing of charge. The learned counsel appearing for the petitioner, who entered appearance on that day, submitted before court that the petitioner herein has been suffering from Paranoid Schizophrenia for the past several years and he raised a plea of unsoundness of mind. It was also submitted that psychiatric treatment is being administered to him in the jail where the petitioner is undergoing incarceration. The court below directed the prison authorities to submit a medical report and the same was placed before court on 6.10.2017. The report which was dated 16.9.2017 revealed that the accused is suffering from Paranoid Schizophrenia and that he was not fit to stand trial. The case was adjourned and a fresh report was called for. In the subsequent report dated 6.12.2017, he was stated to be fit to stand trial.

(3.) On the strength of the said report, the court scheduled the case for trial and the witnesses were ordered to be summoned. However, on the day fixed for trial it was reported that the accused was admitted in the Mental Health Center at Thiruvananthapuram. The trial was stopped and later, on the basis of a fresh report received on 30.7.2018, the case was again scheduled for trial to 3.9.2018. On 3.9.2018, the learned counsel appearing for the petitioner filed Annexure-A1 petition stating that he is still suffering from unsoundness of mind and thus incapable of making his defence. However, the learned Sessions Judge relied on the report of the Superintendent of Mental Health Centre, Thiruvananthapuram and re-scheduled the case for trial to commence from 12.11.2018.