Gauhati High Court
Upen Basumatary vs The State Of Assam on 8 August, 2023
Author: Chief Justice
Bench: Chief Justice
Page No.# 1/3
GAHC010270692018
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : CRL.A(J)/111/2018
UPEN BASUMATARY
S/O. SANTO KUMAR BASUMATARY, VILL. GODABARI GAON, P.S.
DOKMOKA, DIST. KARBI ANGLONG, ASSAM.
VERSUS
THE STATE OF ASSAM
REP. BY PP, ASSAM.
Advocate for the Petitioner : MR. JASADHIR DAS, (AMICUS CURIAE)
MR. D. K. BHATTACHARYYA, ADVOCATE
Advocate for the Respondent : MRS. BORNALI BHUYAN, APP, ASSAM
BEFORE
HONOURABLE THE CHIEF JUSTICE
HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND
ORDER
Date : 08.08.2023 Learned counsel Mr. D. K. Bhattacharyya puts in appearance and submits that the appointed Amicus Curiae Mr. Jasadhir Das is not well and is not in a position to argue to the matter.
In view of the facts noted above, we hereby appoint Mr. D.K. Bhattacharyya, Page No.# 2/3 learned counsel, as Amicus Curiae to assist this Court by representing the accused in this appeal.
Perusal of the records would reveal that right from the inception of the case there has been indication that the accused appeared to be mentally unsound at the time of the incident. Even PW-1, i.e. daughter of the deceased, had stated that the accused was mentally disturbed.
The Deputy Commissioner, Karbi Anglong, Diphu, who was conducting the proceedings of this case at the relevant point of time, made observations in his order dated 18.07.2016 that the accused seemed to be a person of unsound mind and, thus, by exercising powers under Sections 328 and 329 CrPC, it was directed that the accused be examined at the Civil Hospital, Diphu, by expert Medical Officers to ascertain as to whether the accused was of unsound mind or not, and the trial of the case was stayed till receipt of the medical report.
However, the records would indicate that the said order of the Deputy Commissioner was not complied and the trial was commenced after the case being transferred to the court of the Sessions Judge, Karbi Anglong, Diphu.
On a query being made, this Court is informed that the accused is presently lodged in the District Jail, Diphu, Karbi Anglong.
In this background, we are of the opinion that before proceeding further, proper medical examination of the accused for finding out his mental state is essential. Accordingly, we hereby direct the Inspector General (Prison), Assam, to ensure that the accused/appellant is transferred from the District Jail, Diphu, to the Central Jail, Guwahati, within next seven days. After being transferred to the Central Jail, Guwahati, the accused shall be taken to the Guwahati Medical College & Hospital, Guwahati, for being examined by a Medical Board comprising of three expert doctors in psychiatry so as to ascertain his mental health.
The report of the Medical Board shall be presented in a sealed cover for the Page No.# 3/3 Court's perusal by the next date.
Let copy of this order be provided/transmitted to the learned Additional Pubic Prosecutor, Assam, and the Inspector General (Prison), Assam, and the Director/Superintendent of the Guwahati Medical College & Hospital, Guwahati, for compliance.
Re-notify on 23.08.2023.
JUDGE CHIEF JUSTICE Comparing Assistant