The main legal point established in the judgment is the consideration of the accused's mental condition and the modification of the order to stay the trial based on the unlikelihood of improvement.

JUDGMENT :

Chander Bhusan Barowalia, J.

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. The other co-accused was acquitted by the learned Sessions Judge (Forest) Shimla, through its judgment dated 19.06.2016.

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.

4. As per the petitioner, the trial against the co-accused stands completed and he is acquitted. This fact is fortified by Annexure P-5 (judgment of the trial Court, dated 19.06.2016). As the mental condition of Vijay Khimta (son of the petitioner), who is an accused in the above referred Sessions Trial, is very unlikely to improve, the petitioner is seeking modification of impugned order dated 29.05.2014.

5. The respondent filed reply to the petition, wherein it is contended that son of the petitioner (Vijay Khimta) was involved in FIR No. 1 of 2008, registered in Police Station East, Shimla, under Section 148, 307, 326, 324 and 149 IPC. As per the respondent, the allegations against the son of the petitioner and his accomplice were that on 31.12.2007 at about 6:30 p.m., complainant, Akshay Bhardwaj, received a call from one Naveen Jasal asking him to come to Brockhost, but he refused. On relentless requests, the complainant alongwith his friends Joginder and Rishi Dhawan went to Brockhost, at about 07:45 p.m., where Vijay Khimta and his companions were present. Vijay Khimta attacked the complainant and his friends by inflicting darat (sickle) blows, causing serious injuries to them. Police registered an FIR against the accused persons and as some of the accused persons were juvenile, challan again