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21. This Court, vide order dated 08.08.2023, had held that a perusal of the records would reveal that right from the inception of the case, there was an indication that the appellant appeared to be mentally unsound at the time of the incident. This Court observed that the Deputy Commissioner, Karbi Anglong, Diphu, who conducted the proceedings of this case at the relevant point of time, when the Judiciary was not separate from the Executive, had made an observation in his order dated 18.07.2016 that the appellant seemed to be a person of unsound mind. Thus, by exercising powers under Sections 328 and 329 Cr.P.C, it directed that the accused be examined at the Civil Hospital, Diphu, Page No.# 11/40 by expert Medical Officers and give a report of the same. Subsequent to the order dated 08.08.2023 passed by this Court, the Medical Board consisting of three doctors, i.e, Professor of Psychiatric, GMCH, Assistant Professor of Psychiatric, GMCH and Registrar of Psychiatric, GMCH have made a report dated 21.08.2023, stating that the appellant was examined on 19.08.2023 and that the Board opined that with available mental examination evidence, the appellant was suffering from Chronic paranoid schizophrenia and was having unsoundness of mind. The Board also stated that the appellant needed regular treatment and periodic follow up was advised, for optimum recovery of his illness.

Opinion: With the available clinical history and mental state examination findings, the Board is of the opinion that, Shri Upen Basumatary has been suffering from chronic paranoid schizophrenia and is having unsoundness of mind at present. He needs regular treatment and periodic follow-up as advised for optimum recovery of his illness.

(Dr. Suresh Chakravarty) (Dr. Utpal Bora) ( Dr. Sriparna Bhattacharyya) Professor of Psychiatry, GMCH Assistant Prof. of Psychiatry, GMCH Registrar of Psychiatry, GMCH cum cum cum Chairman, Member, Member, Medical Board Medical Board Medical Board"

28. The Medical Board constituted in terms of the order of this Court, during the pendency of this appeal submitted it's report on 21.08.2023, stating that the appellant was suffering from chronic paranoid schizophrenia and was of unsound mind at the time of examination of the appellant. The above facts now lead us to decide as to whether the appellant was fit to stand trial, capable of understanding what he had actually done and was capable of understanding the questions put to him during his examination under Section 313 Cr.P.C and the consequences thereof.

55. The above being said, the question that remains to be answered is what is to be done to the appellant. The Medical Board Report dated 21.08.2023 has specifically found the appellant to be suffering from chronic paranoid schizophrenia. In this regard Section 103 of the 2017 Act states that an order made under Sections 330 and 335 Cr.P.C directing the admission of a prisoner with mental illness into any suitable mental health establishment, shall be sufficient authority for the admission of such person in such establishment, provided that transfer of a prisoner with mental illness to the psychiatric ward in the medical wing of the prison shall be sufficient to meet the requirements under Section 103 of the 2017 Act. However, where there is no provision for a psychiatric ward in the medical wing of a prison, the prisoner may be transferred to a mental health establishment with prior permission of the Board. In this regard, Section 103 of the 2017 Act is reproduced herein below as follows: