CRR-1177-2011

[ 1 ]

::::::::

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH

CRR-1177-2011

Date of decision:13.10.2011

Kulwinder Singh

...Petitioner

Versus

State of Haryana

...Respondent

CORAM: HON’BLE MR. JUSTICE RAKESH KUMAR JAIN

Present:

Mr. Jagjit Gill, Advocate,

for the petitioner.

Mr. Sagar Deswal, AAG, Haryana.

*****

RAKESH KUMAR JAIN, J.

The petitioner has challenged order dated 04.05.2011 passed by the

learned Additional Sessions Judge, Sirsa by which his application filed under

Section 328 of the Code of Criminal Procedure, 1973 [for short “Cr.P.C.”] has

been disposed of.

In brief, the petitioner is facing trail in a case registered vide FIR

No.193 dated 19.10.2009, under Sections 498A and 325 of IPC at Police

Station Sadar, Dabwali, District Sirsa. During the trial, the petitioner filed an

application under Section 328 of the Cr.P.C. in which it was prayed that the

petitioner is a person of unsound mind as he is suffering from various mental

disorders and is incapable to make his defence. The medical certificate issued

by the Psychiatry Department of the PGIMS, Rohtak was placed on record

while praying that the trial of the case may be postponed. The said application

has been disposed of by the learned Trial Court with the following

observations:

“Learned defence counsel has stated that the

CRR-1177-2011

[ 2 ]

::::::::

accused is of unsound mind, hence, he be discharged.

Learned PP has stated that accused has to prove in

evidence that he is of unsound mind and he cannot be

discharged at this stage and he shall be given a

chance to lead evidence being of unsound mind at

appropriate stage. Hence, PWs are allowed to be

examined. The witness present in the court are

examined.

To come up on 06.07.2011 for further

proceedings.”

Learned counsel for the petitioner has submitted that the petitioner

was arrested on 02.11.2009 and is confined in District Jail, Sirsa. He has

referred to orders Annexures P-3 and P-4 which have been issued by the

Medical Officer, Jail Dispensary, Sirsa, according to which the petitioner is

suffering from psychotic disorder and is under treatment of the Psychiatry

Department of the PGIMS, Rohtak. It has been basically argued by learned

counsel for the petitioner that since the application has been filed during the

trial, therefore, in terms of Section(s) 328/329 of the Cr.P.C., an inquiry may be

ordered to be conducted to ascertain the present status of the petitioner and

thereafter it may be decided as to whether the petitioner is fit to stand for trial

or not. In this regard, he has relied upon a Division Bench judgment of the

Rajasthan High Court in the case of Gordhan Lal v. State of Rajasthan,

2004(4) R.C.R. (Criminal) 811, another Division Bench judgment of the same

High Court in the case of Om Prakash alias Munna v. State of Rajasthan,

204(4) R.C.R. (Criminal) 638 and a Single Bench judgment of the Kerala High

Court in the case of K.D.Ninan v. State of Karala, 2006(1) R.C.R.(Criminal)

257.

In reply, learned State Counsel has submitted that the petitioner has

been found to be an opium addict and is not suffering from any mental disorder,

therefore, no inquiry is required to be conducted in this case.

I have heard both the learned counsel for the parties and perused

the available record with their able assistance.

CRR-1177-2011

[ 3 ]

::::::::

In this case, the FIR has been registered by Bichittar Singh who

has alleged that his younger sister Kiranjot Kaur was married with Kulwinder

Singh (petitioner herein) and the couple had a daughter, namely, Harman Kaur

aged 5-6 years. The petitioner is alleged to have been treating his wife with

cruelty while demanding dowry and had also caused injuries to her.

During the course of trial, the petitioner moved an application under

Section 328 of the Cr.P.C. for postponing it on the ground that he is a person of

unsound mind and