DIMPLE @ DIMPU @ GURCHARAN Vs. STATE OF PUNJAB

JUDGEMENT

(1.) A sick man suffering from unsoundness of mind and accused of an offence under Sections 302/323 IPC has filed this petition through his father, being his natural guardian for quashing of the proceedings in progress against him. Dimple @ Dimpu @ Gurcharan son of a poor labourer is an accused in an FIR No. 187 dated 29.10.1998 and was facing trial before Additional Sessions Judge (Adhoc), Patiala. His father has now filed this petition to impugn an order passed by Additional Sessions Judge (Adhoc), summoning the witnesses to conclude the trial, though the accused petitioner continues to suffer from psychotic illness. Prayer is to quash this order and proceed with the case in accordance with the provisions governing the procedure of trial in those cases where the accused person suffers from disease of unsoundness of mind.

(2.) THE petition, which is bereft of much detail, would show that the petitioner is being prosecuted for an offence under Section 302, 323 and a report under Section 173 Cr.P.C was filed in this case. The father of the petitioner moved an application before the Court to proceed against the petitioner under Section 329 Cr.P.C as the accused was of unsound mind. On 4.2.2000, the Sessions Judge directed that the petitioner be committed to custody at Mental Hospital, Amritsar, for detailed examination and report. The Medical Officer was specifically directed to opine if the accused was capable of standing trial or not. Mental Hospital, Amritsar, submitted a report dated 22.2.2000, stating that the petitioner was not fit to stand trial. The trial was accordingly stayed.

(3.) AFTER receipt of this report, Additional Sessions Judge (Adhoc), Patiala, fixed the trial of the petitioner for 19.7.2004 through his order dated 15.5.2004. This order, directing the petitioner to face trial despite the fact that he was found to be suffering from mental disorder is impugned through the present Petition.