AMIT KUMAR DEY Vs. STATE OF TRIPURA

JUDGEMENT

(1.) THIS revisional application under Section 397 read with Section 401 of CrPC is directed against order dated 28.08.2009 passed by learned Addl. Sessions Judge, Kamalpur, in case No. ST25(NT/KMP)2008.

(2.) HEARD learned counsel, Mr. A. Bhowmik for the petitioner and learned Addl. P.P., Mr. R.C. Debnath for the State respondent.

(3.) IT is submitted by learned counsel, Mr. Bhowmik that on the date the accused was arrested by the police and produced before the learned Magistrate, i.e. on 05.04.2008, he was not represented by a lawyer and nobody also appeared in Court on his behalf. On that day he was remanded to police custody till 15.04.2008 and on 15.04.2008 a bail petition was filed on behalf of the accused and a separate petition was also filed with copies of a bunch of prescriptions that the accused was suffering from insanity, and, therefore, prayed for giving proper treatment to the accused. The medical officers of the Sub -Divisional Hospital (BSM Hospital), Kamalpur were not competent enough to examine and opine as to the unsoundness of mind of the accused, and, therefore, learned Magistrate directed examination of the accused by a medical Board of Psychiatrists of Agartala Government Medical College and GBP Hospital and, accordingly, a Medical Board was constituted headed by Dr. Bhubaneswar Roy, the head of the Department of Psychiatrist in the AGMC & GBP Hospital with two other eminent psychiatrist and they thoroughly examined the accused and submitted a report that the accused was suffering from schizophrenia.