The main legal point established in the judgment is the need for proper examination and assessment of mentally ill persons facing trial, in accordance with Section 329 of the Code of Criminal Procedure.

JUDGMENT

(Prayer: Criminal Revision Case filed under Section 397 read with 401 Code of Criminal Procedure, to set aside the impugned order dated 25.05.2022 passed in Crl.M.P.No.6099 of 2021 in S.C.No.32 of 2021 by the learned Sessions Judge, Mahalir Neethimandram, Allikulam, Chennai.)

The revision is filed aggrieved by the order of the learned Sessions Judge, Mahalir Neethimandram, Allikulam, Chennai dated 25.05.2022 in Crl.M.P.No.6099 of 2021 in S.C.No.32 of 2021, in and by which the learned Judge decided the application filed by the petitioner / accused in this case under Section 329 of the Code of Criminal Procedure.

2. The petitioner is facing trial for the offence under Section 302 of the Indian Penal Code. The allegation against him is that on 03.12.2020, between 05.00AM to 06.00AM, at his house, he pushed down his wife, sat on her and strangulated her neck and when the child, aged about thirteen years, tried to prevent him, he pushed down the child also and the child immediately called the grandparents through mobile phone and the grandparents immediately rushed to the house and when they went, the door was locked from inside. They went to the window and the child opened the window door and upon instructions of the grandparents and the house-owner, handed over an iron rod from inside the house, with which the lock in the grill door was opened and the main door was broken and when they entered the house, they found the wife lying unconscious and the petitioner sitting still in a chair. Immediately, the wife was taken to the hospital and the doctor pronounced her dead and hence the charge.

3. On 26.03.2021, the petitioner filed the present application stating that the petitioner suffers from the mental illness to an extent that he is not in a position to undergo the trial. The prosecution filed counter on 26.06.2021. After the prosecution filed counter affidavit, the Trial Court examined the accused by putting forth certain questions, as to what was his name etc and tried to ascertain whether the accused was able to understand the questions of the Court and answer the same. Thereafter, by the letter dated 31.8.2021, the Trial Court also referred the accused for evaluation by an expert in the Institute of Mental Health, Kilpauk. After admitting the accused as In-Patient and observing him, the Medical Officer, the Civil Assistant Surgeon, Institute of Mental Health and the Unit Chief, the Senior Civil Surgeon, Institute of Mental Health, Kilpauk, Chennai, both being experts in the filed, submitted their observation report and the report reads as follows:

This patient, Mr.Dhanasekar was registered in Institute of Mental Health on 05.02.2020.

On mental status examination, he had hearing voices, depressed mood and crying spells. After detailed evaluation and workup, he was diagnosed as a case of Depression with Psychotic features and he was treated for the same.

Currently he is oriented to time, place and person and he can understand the Court procedures and fit to stand trial.”

It is seen that the petitioner also underwent a MRI Scan of Brain and it was certified by the Assistant Professor that there was no abnormality detected in the Brain. Thereafter, on further objection on the side of the petitioner / accused, the learned Trial Court again referred the matter by its communication dated 22.09.2021 to the Mental Health Department by directing the Mental Health Review Board to re-examine the accused. After such exercise, again the Board gave its observation report, which is extracted as follows:

This patient, Mr.Dhanasekar was registered in Institute of Mental Health on 05.02.2020.

He has been reporting in OPD from 31.12.2021 for 10 days before Medical Officer.

On Serial mental status examination, he had low mood, hearing voices at tim