Dinesh Kumar Singh, J.

1. The present appeal is a jail appeal arising out of the judgment and order dated 03.10.2015 passed by the Additional District & Sessions Judge, Room No.9, Lucknow in Sessions Trial No.739 of 2004, State Vs. Parmo wife of Ram Kuware.

2. The story as set out by the prosecution is that on 10.07.2004, a written complaint Exh. ka-1 was given at the Police Station, Gosaiganj, District, Lucknow by Shiv Prasad Rawat, PW-1 stating that he was village Pradhan of the village, Hasanpur Khewli, Police Station Gosaiganj, District, Lucknow. On the same day at around 7 to 8 p.m., Parmo wife of Ram Kuware, who was mentally retarded, bolted herself inside the house and killed her one year old daughter by knife slitting throat and she had stabbed herself on her stomach. The villagers got collected and broke open the door. Parmo was sent to Balrampur Hospital for treatment of her injuries. The dead body of the child was lying there. On the basis of aforesaid written information, F.I.R. Exh. ka-6 was registered and after investigation charge sheet, Exh. ka-8 was filed.

3. Inquest proceedings were conducted on 11.07.2004 as when the investigating officer reached the place of incident, it was night and, therefore, he decided to conduct the inquest proceedings on the next day. According to the inquest report Exh. Ka-2, in the opinion of the inquest witnesses the death of the child Laxmi was caused due to injuries caused by knife. The post mortem examination was conducted on 11.07.2004 itself at 3 p.m. The following ante mortem injuries were found :-

(a) Incised wound of size 6.0 cm x 1.0 cm into neck cavity deep present on front of neck 2.5 cm below mid of Chin. Injury in neck cavity deep. Larynx and trachea cut through and through. All the blood vessels are extended carotid artery cut on the right side of neck. Margins are sharp and clear cut and well defined rounded.

(b) Stabbed wound of size 0.5 cm x 0.5 cm muscle deep present on right side of face 3 cm below right eye margin clear cut and rounded.

(c) Stabbed wound of size 0.5 cm x 0.5 muscle deep present on right side of the face 2 cm below the injury no.2 margin are clear cut rounded.

4. In the opinion of the doctor, the death was due to shock and haemorrhage as a result of ante mortem injuries. After the case was committed to the Sessions Trial, on 2.12.2014, charges were framed under Sections 302 and 309 I.P.C. against the accused/appellant Parmo. Prosecution examined as many as 9 witnesses and submitted 12 documents to prove the case.

5. We have heard Ms. Manju Gupta, learned amicus curiae, Mr. Sharad Dixit, learned A.G.A. for the respondent State. Considering the peculiar facts and circumstances of the case, on request, Mr. Rishad Murtaza, learned Advocate has also ably assisted the Court.

6. The hearing of the case got concluded on 10th October, 2017 the World Mental Health Day and the appeal is of a person who cannot be said to be of sound mind. This might be a coincidence or might be His wish to see that justice gets delivered to a mentally challenged person who is incarcerated for the offence of committing murder of her one year old child.

7. Now coming to the facts of the case, it is interesting to note that in the F.I.R. itself it was specifically stated that the accused/appellant was mentally retarded. But before sending her to judicial custody, she was never sent for medical examination.

8. On 29.12.2004 for the first time the accused appellant was referred to Balrampur Hospital by the jail authorities for treating her of mental disorder. At Balrampur Hospital, she was declared as psychotic and given treatment. It appears that she was again referred to the Balrampur Hospital by the jail authorities on 3.3.2005 where she was declared psychotic. The district jail superintendent also sent a report to the Principal Secretary, Prison Administration, Government of Uttar Pradesh on 3.3.2005 itself stating the fact that Parmo, accused appellant had been declared as p