PARWEJ ALAM Vs. STATE OF BIHAR

JUDGEMENT

(1.) The sole petitioner has come to this Court challenging the order dated 25-11-1998 of the First Assistant Sessions Judge of Giridih made in Sessions Trial No.135 of 1998 declining to discharge him under Section 227 of. the Code of Criminal Procedure on the ground that being a person of unsound mind, he was uncapable of committing any crime as provided under Section 84 of the Indian Penal Code.

(2.) Short facts of the case are that in the night between 9-12-1997 and 10-12-1997 the officer incharge of Taratand Police Outpost within Ahilyapur Police Station in the district of Giridih arrested the petitioner under Section 42 read with Section 409, Cr PC. He brought the petitioner to the outpost and started interrogating him. At about 1.00 a.m., he felt call of the nature. Therefore, leaving the petitioner inside the outpost with a constable to watch him, he went out. In the meantime, the petitioner picked up the service revolve of the said officer-incharge which had been left on the table, and fired at the constable causing gun-shot injury to him. On the alarm raised by the constable, the officer incharge of the outpost and some others arrived. There was an attempt to persuade and disarm the petitioner, but the petitioner went on shooting from the fire-arm causing injuries to some others. Ultimately, he was overpowered when shot at causing injuries to his lower limbs. Inside the outpost, the petitioner was found using yet another country-made pistol which had been kept in safe custody. He was also found burning and thereby destroying currency note worth Rs.16,600/- which had been kept by the officer in charge concerned and the constable in their respective boxes the locks of which the petitioner. had opened by using keys thereof which were easily available inside the outpost. Consequently, the officer incharge of the Taratand outpost submitted a written information report to the officer incharge of Ahilyapur P.S. disclosing commission of offences under Sections 224/324/307/ 353/332/333/427/379 read with Section 511 of Indian Penal Code and Section 27 of the Arms Act. Investigation followed and on completion thereof, charge-sheet showing commission of the said offences was submitted and cognizance taken. In due course, the case was committed to the Court of Session and made over to the first Assistant Sessions Judge for trial.

(3.) That being injured before he was overpowered, the petitioner was sent to a hospital at Giridih; from there he was sent to RMCH, Ranchi for treatment, while in judicial custody. He was suspected to be of unsound mind. Therefore, he was sent to Ranchi Institute of Neuropsychiatry and Allied Sciances (RINPAS) at Ranchi. There he was treated for schizophrenia. After being cured of his mental illness the petitioner was transferred to judicial custody and when it came for framing of charge(s) to commence trial, a bid was made by, and on behalf of the petitioner to secure his discharge in accordance with the provisions of Section 227 of the Code of Criminal Procedure. However, the first Asstt. Sessions Judge, Giridih, declined to discharge the petitioner on the ground that there was sufficient material for presuming that he committed offences under Sections 224/324/307/353/323/ 333/427/379 read with Section 511 of Indian Penal Code. Hence, this application.