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A mentally unsound man, said to be suffering from Paranoid Schizophrenia, is being tried for murder in the Court of the Additional Sessions Judge-V, Kollam. He has approached this Court through his mother raising a grievance that the court below is proceeding with the trial without trying the fact of unsoundness of mind and his incapacity to make a defence as contemplated under law. He seeks issuance of directions to the learned Sessions Judge to proceed under Chapter XXV of the Code of Criminal Procedure, 1973 ("the Code" for the sake of brevity) which provides for provisions governing the procedure of trial of cases where the accused is suffering from unsoundness of mind.

2. According to the petitioner, he is a person having a history of mental illness and is suffering from Schizophrenia as mentioned above. He was in judicial custody till his enlargement on bail on 1.9.2018. The petitioner was arrested on 20.8.2016 and on 18.8.2017, the case was posted for framing of charge. The learned counsel appearing for the petitioner, who entered appearance on that day, submitted before court that the petitioner herein has been suffering from Paranoid Schizophrenia for the past several years and he raised a plea of unsoundness of mind. It was also submitted that psychiatric treatment is being administered to him in the jail where the petitioner is undergoing incarceration. The court below directed the prison authorities to submit a medical report and the same was placed before court on 6.10.2017. The report which was dated 16.9.2017 revealed that the accused is suffering from Paranoid Schizophrenia and that he was not fit to stand trial. The case was adjourned and a fresh report was called for. In the subsequent report dated 6.12.2017, he was stated to be fit to stand trial.

4. The report relied on by the learned Sessions Judge, which is produced as Annexure-4, reads as follows.

"I may inform the Hon'ble Court as superintendent of this hospital that IU examined Sri. Babu Valleriyan S/o. Valleriyan, Paluvila Veettil, St. Antonie Church South, Koivila Muri,Thevalakkara Village on 06/09/2018. I am of the opinion that he is suffering from Schizophrenia Paranoid. He is on medications. At present he is having sad mood, occasional auditory hallucination and delusion of persecution which are decreasing in intensity. He has no harmful behaviour at present. He understands the legal procedures against him. He wishes to appear in Court.

17. Coming to the facts of the case, I find that there were materials before the Court in the form of medical reports which revealed that the accused was suffered from Paranoid Schizophrenia. The learned trial Judge did not permit the accused to let in any evidence to prove the factum of unsoundness of mind. Neither was the Superintendent nor the treating Doctor examined as a witness in court. He did not call upon the counsel for the accused, who had filed Annexure-1 application, bringing on record the fact of unsoundness and his incapacity to lead evidence. It is as if the learned Sessions Judge was totally oblivious of the provisions of Chapter XXV of the Code. Even in the report dated 6.9.2018, the Superintendent of the Mental Health Center had reported that the petitioner is suffering from Paranoid Schizophrenia. When medical reports were placed before the learned Sessions Judge to the effect that the petitioner is suffering from Schizophrenia, I am at a loss to understand why it did not strike his mind that he should adopt the procedure prescribed in Section 329 of the Code. The fact that the accused was admitted in the Mental Hospital and that he was suffering from Paranoid Schizophrenia did not deter the learned Sessions Judge from posting the case for trial. The procedure adopted by the learned Sessions Judge is illegal and in gross violation of the provisions of the Code. The learned Sessions Judge ought to have, in the first instance, tried the fact of such unsoundness and incapacity and he ought to have proceeded with the trial only if was satisfied that the accused is of sound mind and is capable of making his defence.