KRISHAN LAL KHIMTA Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The present petition is maintained by the petitioner under Section 482 of Criminal Procedure Code (hereinafter referred to as 'Cr.P.C') seeking modification of order dated 29.05.2014, passed by the learned Sessions Judge (Forest), Shimla, in Sessions Trial No. 15-S/7 of 2012/09, whereby the trial against the son of the petitioner, who was booked as an accused alongwith another co-accused, was ordered to be stayed, as he was not found to be in a fit mental condition to defend himself.

(2.) Briefly stating the facts giving rise to the present case, as per the petitioner, are that son of the petitioner (hereinafter referred to 'Vijay Kumar') was named as an accused in FIR No. 1 of 2008, dated 01.01.2008, registered under Sections 148, 307, 326, 324/149 of the Indian Penal Code (hereinafter referred to as 'IPC'). During the pendency of the trial, Vijay Kumar met with an accident on 09.03.2009 and remained hospitalized and was in a state of coma for a month. In order to ascertain his mental condition, the learned Sessions Judge considered the medical reports from Medical Superintendent, IGMC and Director/Medical superintendent, PGI, Chandigarh, and the learned Court below on 29.05.2014, to its satisfaction after recording the statement of the Chairman of the Medical Board, who conducted the examination of the son of the petitioner, after considering the report of the Medical Board, concluded that the son of the petitioner was not in a condition to defend himself. By medium of impugned order dated 29.05.2014, the trial against the son of the petitioner was ordered to be stayed.

(3.) Pursuant to the direction of the learned Court below, the petitioner herein, after an interval of every three months, medically examined his son from the Medical Board at IGMC, Shimla, and also from the Department of Psychiatry PGIMER, Chandigarh, however, the conditions of his son did not improve. The latest reports suggest that his mental condition is unlikely to improve. The petitioner has further submitted that he is the only bread winner of his family and is also suffering from heart disease. He is looking after an unmarried daughter of 36 years age, who was born as an unhealthy child, and as on date she is suffering from meningoencephalitis, which is the inflammation of the brain. As per the petitioner he is now being saddled with medical expenses of his ailing son. The income of the petitioner is wholly dependent upon the apple crop and his income fluctuates due to climatic conditions affecting the crop.