Gauhati High Court Overturns Murder Conviction, Citing Accused’s Unsound Mind; Orders Presentation Before Mental Health Review Board

Case: Sri Upen Basumatary v. The State of Assam

Coram: Justice Michael Zothankhuma and Justice Malasri Nandi

Case No.: CRLA(J)/111/2018

Court Observation: “…….we are of the view that though the appellant was the person who killed the deceased with a spade, we cannot say with certainty that the appellant was of sound mind at the time the incident occurred, i.e. it cannot be said that the appellant was capable of understanding the consequences of his action.”

“In the present case, there is nothing to doubt the finding of the learned Trial Court that the appellant had caused the death of the deceased. Despite the learned Trial Court directing medical examination of the appellant, as there was a doubt with regard to his sanity, which implied that he was incapable of defending himself, no such examination was done,”

“…….keeping in mind the testimony of PW-1, the Doctor’s advice for “psychiatry consultation” and the Trial Court order dated 18.07.2016, the inquiry/trial should have been stopped until a decision had been taken under Section 328/329 Cr.P.C, as to whether the inquiry/trial should have been stopped. As the same has not been done, we are of the view that the appellant has not been given a fair opportunity to defend himself, as his capability to defend himself had not been decided. The same being a mandatory condition under Section 328/329 Cr.P.C, the failure to take a decision on the capability of the appellant to defend himself has caused prejudice to the appellant and in our view has occasioned a failure of justice.”

“As the finding of the Medical Board dated 21.08.2023 is to the effect that the appellant suffers from chronic paranoid schizophrenia, the respondents are directed to release the appellant from jail and produce the appellant before the Mental Health Review Board constituted under Chapter XI of the Mental Healthcare Act, 2017, who shall then examine the appellant and take a decision with regard to the future course of action to be taken in respect of the appellant in terms of the 2017 Act,”

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Gauhati High Court Overturns Murder Conviction