SNEHASWAKSHAYAR SAMAL Vs. STATE OF ORISSA

JUDGEMENT

(1.) Order dated 03.11.2016 passed by the learned 1st Additional Sessions Judge, Bhubaneswar in C.T. No. 03/43 of 2015 rejecting the application of the petitioner to suspend the trial and get the petitioner examined by the Board of Doctors about his mental condition has been assailed in this writ petition.

(2.) The petitioner is facing trial in the aforesaid C.T Case for commission of murder of three persons and attempting to murder some others. During the course of trial the petitioner filed a petition under section 329, CrPC for getting the petitioner examined and until the examination report was received to suspend the trial on the ground that petitioner is of unsound mind and therefore unable to understand the proceeding and unable to make his defence. It was also stated in the petition that on his own prayer the petitioner was examined by the Director-cum-Superintendent of Mental Health Institute, Cuttack and report dated 14.09.2015 has been submitted by the Director of the Mental Health Institute stating that the petitioner-accused is of unsound mind but in spite of such report, no treatment was provided to the petitioner. The petitioner was incapable of making his defence and in spite of the same charge was framed on 07.09.2016, when the accused did not utter a word.

(3.) Learned counsel for the petitioner contended that since the petitioner was sent for examination by the Director-cum-Superintendent of Mental Health Institute, Cuttack as per previous order of the Trial Court, it was incumbent on the Trial Court to try the fact of unsoundness of mind of the petitioner and his incapacity to make his defence by taking evidence and to record a finding on the issue and only on the finding that the petitioner was not of unsound mind and not incapable of making his defence, the Court should proceed with trial of the case. He has relied upon the decision of Punjab & Haryana High Court reported in 1986 Cri.L.J. 1505; Gurjit Singh v. State of Punjab and the decision of the Hon'ble Supreme Court dated 08.10.2013 in Criminal Appeal Nos.1676-1677 of 2013 (Sheila Kaul through Ms. Deepa Kaul v. State through C.B.I.).