2004 (2) Crimes 385
Gauhati High Court (DB)
H. K: K. Singh and B. Lamare, JJ.
State of Manipur—Appellant
versus
Saikhom Ramo Singh—Respondent
Death sentence Ref. No. 1 of 2002.
Decided on 8.5.2003

Important Point
The word ‘Considers” in Section 332 Cr. P.C. implies that the court should not only examine the medical certificate and also the Doctor if necessary but also should consider other factors and the accused should also be examined and only after due application of mind should come to the conclusion that the accused is capable of making his defence.

Headnote:(i) Criminal Procedure Code, 1973 — Sections 328, 329, 330, 331 — Indian Penal Code, 1860 — Section 302 — Accused person of unsound mind — Procedural requirement of law for dealing with such accused person — Magistrate or the court should not mechanically act only on the report of Medical Officer as a gospel truth — Recording of reason and preparation of memorandum is emphasised — Court recording that he had seen the letter of the Addl. Superintendent and also the copy of medical treatment report — Whether it is sufficient for the court to proceed with the trial — (No) — Record does not show that the court even examined the accused or put any question to the accused from which the court may gather its finding that the accused is capable of making his defence — Fact that report of medical officer is admissible in evidence does not necessarily mean that it is conclusive proof regarding mental condition of the concerned individual — Whole proceeding of trial including judgment of conviction and sentence stands quashed.

       Held: The question is whether Sections 331 and 332 require the Court to record reason, for its conclusion that the accused is capable of making his defence. Sub-Section 2 of Section 331 enables the certificate issued by an officer regarding capability or compe-tence of the accused to make his defence. In our present case the learned Court has recorded that he had seen the letter dated 29.5.2002 of the Addl. Superinten-dent Central Jail, Sajiwa and also the copy of the medical treatment report. Whether is it sufficient for the Court to proceed with the trial. The word “Considers” appearing in Section 332 of Cr.P.C. axiomaticaly implies that the Court should not only examine the medical certificate and also the Doctor if necessary but also should consider other factors and the accused should also be examined and only after due application. of mind should come to the conclusion that the accused is capable of making his defence. The record does not show that the Court even examined the accused or put any question to the accused from which the Court may gather its finding that the accused is capable of making his defence. The fact that the report of the medical officer is admissible in evidence does not necessarily mean that it is conclusive proof regarding mental condition of the concerned individual. Even the report of the Medical Officer only reads;- “On treatment the patient made considerable improvement in his mental condition and physically and mentally fit for discharge and trial.” Under law such opinion/findings is made admissible but how much weight may be attached or given to such opinion considering the nature of the case that the accused was facing a charge of offence of murder? We are of the opinion that the learned trial Court should have made a detailed examination regarding the mental condition of the accused to ascertain as to whether the accused was capable of making his defence. As noted above the learned Trial Judge has not even recorded that and he came to the conclusion that he considered the accused incapable of making his defence. The mere fact that on seeing the report of the Addl. S.P. and copy of the medical report, the trial was to be continued shall not, in the circumstances of the case be sufficient to hold that the Court made proper inquiry regarding mental condition of the accused for his defence. It may be noted here that even the Addl. Supdt., Central Jail, Sajiwa while forwarding the medical report did not even mention regarding the behaviour of mental condition of the accused.(Para 11)

       In our considered opinion the word “considers” appearing in Section 332 Cr.P.C. requires that the Magistrate or the Court is to make an inquiry regarding the mental condition of the accused. In course of inquiry a memorandum of the examination of the accused must also be prepared. And on the basis of the evidence and other materials the Magistrate or the Court should come to a finding and a detailed reason should be recorded in the finding. The Magistrate or the Court should not mechanically act only on the report of the Medical Officer as a gospel truth. The recording of the reason and preparation of memorandum is emphasised as the said finding based upon the evidence and materials is to be reconsidered by the higher Court at the time of hearing of the appeal, revision, proceeding of reference like the present case. (Para 12)

       (ii) Indian Penal Code, 1860 — Section 302 — Criminal Procedure Code, 1973 — Sections 328 to 331 — Prosecution for offence of murder — Accused of unsound mind incapable of making his defence — Accused was caused to be examined by an expert — Doctor who examined the accused submitted his report — Sessions Judge examined the said Doctor and the Doctor gave his opinion that accused was of unsound mind — Sessions Judge made further enquiry and held that the accused was incapable of making his defence — Trial was suspended — Sessions Court passed necessary orders for treatment of accused — Court gave direction to authorities to take proper steps in accordance with the provisions eitheru/s. 338 or 339 Cr.P.C. — Case put up for trial on receipt of trial of Addl. Supdt. Central Jail alongwith copy of medical treatment report of Medical Superintendent — After trial, accused convicted and sentenced to death — Death sentence reference — Whether the trial was conducted or resumed after following the procedural requirement of law as provided under Chapter XXV of Cr.P.C. — (No) — Proceedings including judgement of conviction and sentence quashed. (Paras 12 & 13)

       Result: Reference answered accordingly.