ASHUTOSH SHRIVASTAVA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The petitioner has filed the present revision petition under Sec. 397 r/w 401 of Cr.P.C. being aggrieved by the order dtd. 27/9/2023 passed in ST No.28/2023 by 5th ASJ, Mhow, Indore whereby the learned Session Court has dismissed the application of the petitioner filed under Sec. 329 of Cr.P.C.

(2.) Brief facts leading to filing of the present petition are that an FIR bearing Crime No.74/2023 was lodged on 21/2/2023 at P.S. Simrol, District Indore, Dehat for committing the offence under Sec. 307 of IPC alleging that on 20/2/2023 at about 04:00 PM, the accused intercepted the deceased, poured petrol on her and set her ablaze. during treatment, she expired on 25/2/2023. Subsequently the offecnes under Sec. 302,, 195-A and 201 of IPC were added. Thereafter, the charge-sheet was filed and the mater is under trial.

(3.) During pendency of the trial, the petitioner has filed an application under Sec. 329 of Cr.P.C. before the learned trial Court to suspend the trial by submitting that after the elaborate medical examination, a team of doctors of FMYH Hospital Indore and Medical Examination Board has found that the petitioner is suffering from "delusion of control" alongwith auditory hallucinations. It is further submitted that in this context, the learned trial Court has also taken the statements of concerned medical officer, but the learned trial Court rejected the application of the petitioner. It is further submitted that as per the psychiatric, the petitioner required for 15 days stay in hospital to ascertain psychiatric condition of the petitioner. It is further summited that the learned trial Court has also committed grave error of law by denying the accused's opportunity of cross-examination of medical Officer.