T.DHANASEKAR Vs. STATE

JUDGEMENT

(1.) The revision is filed aggrieved by the order of the learned Sessions Judge, Mahalir Neethimandram, Allikulam, Chennai dtd. 25/5/2022 in Crl.M.P.No.6099 of 2021 in S.C.No.32 of 2021, in and by which the learned Judge decided the application filed by the petitioner / accused in this case under Sec. 329 of the Code of Criminal Procedure.

(2.) The petitioner is facing trial for the offence under Sec. 302 of the Indian Penal Code. The allegation against him is that on 3/12/2020, between 05.00AM to 06.00AM, at his house, he pushed down his wife, sat on her and strangulated her neck and when the child, aged about thirteen years, tried to prevent him, he pushed down the child also and the child immediately called the grandparents through mobile phone and the grandparents immediately rushed to the house and when they went, the door was locked from inside. They went to the window and the child opened the window door and upon instructions of the grandparents and the house-owner, handed over an iron rod from inside the house, with which the lock in the grill door was opened and the main door was broken and when they entered the house, they found the wife lying unconscious and the petitioner sitting still in a chair. Immediately, the wife was taken to the hospital and the doctor pronounced her dead and hence the charge.

(3.) On 26/3/2021, the petitioner filed the present application stating that the petitioner suffers from the mental illness to an extent that he is not in a position to undergo the trial. The prosecution filed counter on 26/6/2021. After the prosecution filed counter affidavit, the Trial Court examined the accused by putting forth certain questions, as to what was his name etc and tried to ascertain whether the accused was able to understand the questions of the Court and answer the same. Thereafter, by the letter dtd. 31/8/2021, the Trial Court also referred the accused for evaluation by an expert in the Institute of Mental Health, Kilpauk. After admitting the accused as In-Patient and observing him, the Medical Officer, the Civil Assistant Surgeon, Institute of Mental Health and the Unit Chief, the Senior Civil Surgeon, Institute of Mental Health, Kilpauk, Chennai, both being experts in the filed, submitted their observation report and the report reads as follows: