RANJIT SINGH,J. - (1.) A sick man suffering from unsoundness of mind and accused of an offence under Sections 302/323 IPC has filed this petition through his father, being his natural guardian for quashing of the proceedings in progress against him. Dimple @ Dimpu @ Gurcharan son of a poor labourer is an accused in an FIR No. 187 dated 29.10.1998 and was facing trial before Additional Sessions Judge (Adhoc), Patiala. His father has now filed this petition to impugn an order passed by Additional Sessions Judge (Adhoc), summoning the witnesses to conclude the trial, though the accused petitioner continues to suffer from psychotic illness. Prayer is to quash this order and proceed with the case in accordance with the provisions governing the procedure of trial in those cases where the accused person suffers from disease of unsoundness of mind.
(2.) THE petition, which is bereft of much detail, would show that the petitioner is being prosecuted for an offence under Section 302, 323 and a report under Section 173 Cr.P.C was filed in this case. The father of the petitioner moved an application before the Court to proceed against the petitioner under Section 329 Cr.P.C as the accused was of unsound mind. On 4.2.2000, the Sessions Judge directed that the petitioner be committed to custody at Mental Hospital, Amritsar, for detailed examination and report. The Medical Officer was specifically directed to opine if the accused was capable of standing trial or not. Mental Hospital, Amritsar, submitted a report dated 22.2.2000, stating that the petitioner was not fit to stand trial. The trial was accordingly stayed. Criminal Misc. No. 3086-M of 2000 came to be filed before this Court, though it is not clear as to who and for what purpose this petition was filed. This Court in a Misc. Application filed in the said Criminal Misc. Petition directed that the Trial Court shall periodically review the medical condition of the petitioner and his trial shall commence whenever it is found that he is fit to stand the trial. To comply with the direction of this Court, the petitioner was referred to Civil Surgeon, Patiala, for medical check up, from where he was referred to P.G.I., Chandigarh. Head of the Psychiatry Department at PGI, Chandigarh gave his report on 11.5.2004 opining as under :- "On the basis of the history obtained, the psychological tests and our own observations of the accused in the ward, it is my opinion that he is suffering from chronic psychotic illness most likely to be schizophrenia of undifferentiated nature. It is quite likely that because of unpredictable behaviour and uncontrolled aggression, he was involved in the alleged incident which led to the unfortunate death of the person for which he has been charged under the Indian Penal Code. However, it is my opinion that this was neither deliberate nor intentional. Moreover, if we go by the history then it is apparent that Dimple had been ill for more than 2 years before the alleged incident of crime took place. We had offered treatment to Dimple but his father because of his own limitations could not keep the patient in the psychiatry ward as per our terms and conditions. Therefore, it is my humble suggestion to the court that the fact that the accused is mentally ill should be kept in mind when deciding about him and if possible he should be sent to a mental hospital for treatment. An appropriate sentence of this nature should be considered. If the court desires any clarification regarding the condition of the accused, then I would be too happy to be of service to the Hon'ble Court."
(3.) AFTER receipt of this report, Additional Sessions Judge (Adhoc), Patiala, fixed the trial of the petitioner for 19.7.2004 through his order dated 15.5.2004. This order, directing the petitioner to face trial despite the fact that he was found to be suffering from mental disorder is impugned through the present Petition.;