DHARMESH @ KESUBHAI RANAVAYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present application is moved by the original accused who is presently in judicial custody in Junagadh Jail, through his wife. The applicant is noted to be aged about 40 years and the wife is aged 33 years. The challenge under Sec. 379 read with Sec. 401 of the Code of Criminal Procedure, 1973 (hereinafter referred to in short as 'Cr.P.C.') is given against the order dtd. 23/6/2023 passed by the learned 3rd Additional Sessions Judge, Una in Sessions Case No.27 of 2021, which was moved under Ss. 328 and 329 of the Cr.P.C.

(2.) Ss. 328 and 329 of Cr.P.C. are incorporated under Chapter XXV of Cr.P.C. Sec. 328 is the procedure in case of accused being lunatic. Sec. 329 is the Procedure in case of person of unsound mind tried before Court.

(3.) Learned Senior Counsel Mr. Harshit S. Tolia appearing with learned Advocate Mr. Chintan S. Popat for the applicant-accused submitted that the impugned order was passed under Sec. 329 of Cr.P.C. but the observations of the learned Judge is contrary to the provisions of law. It is further submitted that the applicant is unable to make a defence because of his unsound mind and he had moved the concerned Court to consider his case in accordance to the provisions of Sec. 329 of Cr.P.C. It is also submitted that the history of the whole family suggests that all were suffering from serious psychiatric and mental illness. The father as well as the grandfather were also mentally ill; the tendency of the family was of committing suicide and are suffering from diseases like bipolar mood disorder, unsoundness of mind, mental retardation, stubborn angriness etc. It is submitted that the father of the present applicant namely Kesubhai had committed suicide in the year 1991, at the age of 40 years and the sister of the applicant namely Santaben too had committed suicide in the year 2004, aged 29 years. It is also submitted that mental illness is running in the family and the present applicant is also suffering from bipolar mood disorder and migraine. It is further submitted that because of bipolar disorder, the applicant looses control over the senses and becomes lunatic leading him to commit such actions beyond his control and the applicant would not have any knowledge about the consequences of his act.