The court must ensure a fair trial for the accused and come to a conclusion based on sound evidence and reason regarding the accused's capability of making an effective defense.

JUDGMENT

1. This revisional application under Section 397 read with Section 401 of CrPC is directed against order dated 28.08.2009 passed by learned Addl. Sessions Judge, Kamalpur, in case No. ST25(NT/KMP)2008.

2. Heard learned counsel, Mr. A. Bhowmik for the petitioner and learned Addl. P.P., Mr. R.C. Debnath for the State respondent.

3. Facts, in short, necessary for disposal of the revisional application, may be stated thus--

3.1. On 04.04.2008, at about 11/11.30 pm, one Ratan Roy, son of late Jitendra Roy of Muktabilpara, Jail Road, P.S. Kamalpur lodged an FIR with the O/C Kamalpur PS alleging that on that day, at about 9.45 pm, unknown miscreant killed his brother Tapan Roy, aged about 38 years by inflicting 'dao' blows, and immediately after the occurrence Tapan Roy was shifted to Kamalpur hospital, where he was declared dead by the attending doctor.

3.2. On the basis of that FIR, Kamalpur PS Case No. 27 of 2008 under Section 302 of IPC was registered, and in course of investigation accused Amit Kumar Dey alias Bapan(hereinafter mentioned as 'accused') was arrested and produced before the Court of SDJM, Kamalpur on 05.04.2008. On that day the accused was not represented by a lawyer and learned Magistrate remanded him to police custody for ten days. Learned Magistrate also directed the I.O. to provide necessary medical aid to the accused.

3.3. On 08.04.2008, the accused was examined in the Sub-Divisional Hospital (B.S.M. Hospital), Kamalpur and a medical report was submitted. Thereafter, by order dated 17.04.2008 learned Magistrate directed that the accused should be examined by a Board of Psychiatrists to ascertain whether the accused was a person of unsound mind/schizophrenia and, if so, for how long he was suffering from schizophrenia. Accordingly, a medical Board of eminent psychiatrists of Tripura of Agartala Government Medical College & GBP Hospital was constituted and the accused was examined and the medical Board submitted report on 09.05.2008 certifying that the accused was suffering from schizophrenia. In the meantime, I.O. of the case completed investigation and charge sheet was submitted by police and, thereafter learned Magistrate, without determining the issue of unsoundness of mind of the accused as to whether he was capable of making an effective defence, committed the case to the Court of Addl. Sessions Judge, Kamalpur for trial.

3.4. Learned Addl. Sessions Judge, on receipt of the record, registered the case in his file as a Sessions trial case and, thereafter took up the issue as to whether the accused was suffering from unsoundness of mind and was capable of making an effective defence or not as defined under Section 329 of CrPC. In course of inquiry, learned Addl. Sessions Judge examined Dr. Bhubaneswar Roy, chairman of the medical Board as well as Dr. Ashim Choudhury and Dr. Sajal Gupta, members of the medical Board as Court Witness Nos. 1, 2 and 3 respectively and also exhibited the medical report dated 09.05.2008 as Exbt. A. Prosecution also examined three medical officers, namely PW1, Dr. Sankar Sarkar, PW2, Dr. Arun Kr. Debbarma and PW3, Dr. Anup Kumar Debnath of the Sub-Divisional Hospital, Kamalpur, who examined the accused on 08.04.2008 while the accused was in police custody and the report submitted by them was proved as Exbt. 1. On behalf of the defence, one witness, i.e. the father of the accused, namely Dilip Kumar Dey was also examined as DW1. Dilip Kumar Dey proved a bunch of prescriptions in the name of the accused and those are marked as Exbt. C series and Exbt. D series.

3.5. In course of such inquiry, learned Addl. Sessions Judge also examined the accused under Sections 313 of CrPC putting him ordinary questions to test his mental capacity and recorded the answers.

3.6. After considering the evidence collected during inquiry and hearing of learned counsel of both side, learned Addl. Sessions Judge by impugned order dated 28.08.2009 arrived at a conclusion that the accused was insa