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7. But our concern does not end here itself. In order to find out the latest condition of the accused as to his mental health, we had directed the accused being taken to NIMHANS, Bangalore for the evaluation and assessment. After observing the accused for about eight days, Doctor C.R. Chandrashekar, Professor & Head, Deputy Medical Superintendent, Department of Psychiatry, NIMHANS., Bangalore has submitted his written report, as well as, in fact, was present in the Court at the request of this Court to give his oral assessment also. According to the doctor, the accused is a symptomatic and even though he is capable of taking care of himself in day- today matters, but has bilateral profound deafness with poor speech communication ability. The doctor also reported that the accused suffers from schizophrenia and he requires to be in a sheltered care and on regular medication. The doctor also submitted before us that the accused is suffering from paranoid schizophrenia since long and in spite of some improvements shown, chances of revival of the same is writ large. According to the learned doctor C.R. Chandrashekar, who is professor and head, department of Psychiatry of NIMHANS, on his personal examination of the accused and assessment for a period of more than a week opined that chances of improvements in immediate future is very bleak. The doctor also clearly opined before us that though at outward look, the accused may appear to be a proper mind because of his physical as well mental disability, he will not be able to understand the proceedings as well as withstand the trial. We have made this exercise only because once the Court finds the trial of the accused stands vitiated because of the illegality committed by the Trial Court in the procedure, the only course open normally to this Court is to remand the accused for fresh trial. It is to be noted that as per the Psychiatry report as well as earlier reports regarding the mental health condition of the accused right from the year 1979, the year of incident till date indicate that all along the accused suffering from not only physically but mental illness also and is incapable of understanding the proceedings. As such, even if we remand the accused for fresh trial, the Trial Judge has to still wait for the improvement of mental condition of the accused and only if there is improvement in the mental condition of the accused making him understandable of the proceedings, then only the Trial Court can proceed with the trial. It is to be noted that though the incident has taken place as long back in the year 1979, the accused has been in the Mental Hospital almost for a period of 24 years by way of custody. On consideration of the report submitted by the Doctor C.R. Chandrashekar, we are not sure how much further time is required for his improvement in the mind. As the doctor C.R. Chandrashekar has opined that chances of the accused's improvement in his mental health condition nearby future is very bleak, as the accused is already more than 60 years of age and as there is enough material by way medical evidence as well as the evidence of close relatives of the accused and the deceased themselves, we have to look into the evidence and the judgment of the Trial Court from another angle.

9. In the present case, except P.W. 1 the brother of the accused and the deceased, we have no other evidence of direct eyewitnesses who speak about the motive, conduct or even the mental and physical health condition of the accused. However, what is relevant for our purpose is the evidence of P.W. 1 himself. In his examination-in-chief itself, P. W. 1 gives certain indications as to the health condition both physically and mentally on the part of the accused. P.W. 1 has stated that the accused is deaf and dumb not by birth but after attaining the age of six years and due to his physical defects, he was always angry with others and was working alone. This admission on the part of P.W. 1 (brother of accused & deceased) as well as the positive medical evidence right from the date of arrest of the accused in the year 1979 till date i.e. almost for a quarter of century conclusively and clearly indicates that the accused not only suffers from physical disability of being Deaf and Dumb but also is suffering from paranoid schizophrenia. As observed by the Bombay High Court in the case of GOVIND RAMACHANDRA JADHAV v. THE STATE OF MAHARASHTRA , 1996 CRI.L.J. 4186 and by the Kerala High Court in the case of KUTTAPPAN v. STATE OF KERALA, 1986 CRI.L.J.271 this Court is required to consider whether the accused in the case on hand suffering from unsoundness of mind and paranoid schizophrenia at the crucial time of commission of offence so as to have the benefit of Section 84 of I.P.C. The High Courts, in the aforesaid decisions, have further observed that for the purpose of establishment of these aspects regarding state of mind, the Courts have to take into consideration the status of mind of the accused both before and after the commission of the act and the Court is required to pay due regard to the circumstances which preceded, attended and followed the act. In the present case, as we have already discussed, the evidence of P.W. 1 who is none other than the brother of the accused and the deceased coupled with the medical evidence clearly indicate the possibility of both physical and mental disability on the part of the accused even much prior to the incident right from the age of six years which is still continuing as per our latest findings in consultation with the Psychiatrist of NIMHANS hospital, Bangalore. The fact that the accused got annoyed mainly because his brother stopped him from plucking Guava fruits for the reason that they being unriped appears to us the "Paranoid Schizophrenia" of the accused which made him to assault his brother as well as his father and uncle in the process when they tried to defend the deceased Ashok.