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PREM NARAYAN SINGH
Ashutosh Shrivastava – Appellant
Versus
State of Madhya Pradesh – Respondent
ORDER :
Prem Narayan Singh, J.
The petitioner has filed the present revision petition under section 397 read with 401 of Criminal Procedure Code being aggrieved by the order dated 27-9-2023 passed in ST No. 28/2023 by 5th ASJ, Mhow, Indore whereby the learned Session Court has dismissed the application of the petitioner filed under section 329 of Criminal Procedure Code.
2. Brief facts leading to filing of the present petition are that an FIR bearing Crime No. 74/2023 was lodged on 21-2-2023 at P. S. Simrol, District Indore, Dehat for committing the offence under section 307 of Indian Penal Code alleging that on 20-2-2023 at about 04:00 PM, the accused intercepted the deceased, poured petrol on her and set her ablaze. During treatment, she expired on 25-2-2023. Subsequently the offences under sections 302, 195-A and 201 of Indian Penal Code were added. Thereafter, the charge-sheet was filed and the matter is under trial.
3. During pendency of the trial, the petitioner has filed an application under section 329 of Criminal Procedure Code before the learned trial Court to suspend the trial by submitting that after the elaborate medical examination, a team of doctors of FMYH Hospital Indo
The court affirmed that the trial court has the discretion to determine a defendant's mental capacity to stand trial based on evidence presented, without being compelled to conduct an elaborate inqui....
Section 329 of the Cr.P.C applies only after charges are framed, making premature applications inadmissible.
The court established that individuals deemed mentally unfit cannot be tried, emphasizing the need for appropriate medical evaluation and treatment before any legal proceedings.
Point of Law : Section 105 of Mental Healthcare Act, 2017 deals with procedure to be followed in a judicial process where any proof of mental illness of a person is produced.
Accused's fitness to stand trial must be thoroughly examined, ensuring compliance with procedural requirements while allowing opportunity for defense representation.
A conviction based on an admission of guilt is valid unless there is clear evidence of unsoundness of mind affecting the accused's capacity to understand the nature of the act.
The court established that the assessment of an accused's mental state must rely on medical evidence, and active participation in proceedings indicates capability to defend oneself.
The trial court's failure to assess the appellant's mental fitness violated procedural safeguards, rendering the trial invalid and leading to acquittal.
The court upheld that a trial can proceed against an accused even when another accused is absent, especially if the latter is insane.
An accused's mental fitness must be properly assessed to ensure a fair trial, and failure to do so violates due process rights.
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