TARA MIAH Vs. STATE OF MEGHALAYA

JUDGEMENT

(1.) This is quite an open and shut case except that considerable time has been wasted on a wild goose chase that was eminently avoidable. The distraction has to be dealt with before dealing with the merits of the matter.

(2.) It appears that in the midst of the trial, the mother of the appellant herein produced some prescriptions claiming to have been issued by a psychiatrist who had treated the appellant. However, the trial judge recorded in his order of March 20, 2019 that the accused in the dock did not show any sign of mental disorder as he interacted normally and without any sign of mental disturbance.

(3.) The judge also went on to record that the medical test report of the accused pertained to his liver functioning and though a psychiatrist's prescription of September, 2018 had been produced, the trial court deemed it expedient that a specialist examine the appellant herein after recording that the appellant's mother claimed that since the appellant was released on bail in 2018, the appellant seemed mentally disturbed and "went roaming here and there hence, he was not found at home for which he was rearrested."