In Re: Ramakrishnan

Maheswaran, J.—This reference by the Sessions Judge of Kanyakumari Division raises the question on the validity of the committal proceedings in P.R.C No. 1 of 1976 by the Judicial First'' Class Magistrate, Kuzhithurai.

The facts leading to this reference may be stated: One Ramakrishnan, the accused in P.R.C. No. 1 of 1976 on the file of the Judicial First Class Magistrate, Kuzhithurai, is said to have murdered his brother and was charge-sheeted by the police for an offence under S. 302, I.P.C. On a requisition, sent by the police, for observation and examination of the accused as regards his mental condition, the Judicial First Class Magistrate, Kuzhithurai, sent the prisoner to the Government Erskine Hospital, Madurai. Dr. V.D. Krishna Ram, Assistant Surgeon, Department of psychiatry, Government Erskine Hospital, Madurai, examined the accused and gave a report that the accused is suffering from schizophrenia, a split-mind-type of mental illness and that he is not in a fit condition to follow the proceedings of the Court. The learned Magistrate, without examining the Medical Officer who examined the accused committed the accused to the Court of Session for trial, observing that the accused is of unsound mind and no enquiry is held by him in committal cases and action under Chapter XXV could not be taken. The learned Sessions Judge is of the view that the Magistrate ought to have examined the Medical Officer and should have reduced the examination of the Medical Officer to writing.

The view of the Magistrate is wrong. S. 328(1) of the Code of Criminal Procedure is mandatory and it states that when a Magistrate holding an enquiry has reason to believe that the person against whom the enquiry is being held is of unsound mind and consequently incapable of making his defence, the Magistrate shall enquire into the fact of such unsoundness of mind and shall cause such person to be examined by the Civil Surgeon of the District or such other Medical Officer as the State Government may direct, and thereupon shall examine such surgeon or other officer as a witness, and shall reduce the examination to writing. The Committing Magistrate, Kuzhithurai did not comply with this provision, though he has sent the prisoner for observation to Government Erskine Hospital, Madurai and has also received a report from the Medical Officer that the accused is suffering from schizophrenia. The committal order is therefore, bad and has to be quashed. The reference is accepted and the committal order is set aside. The records in this case will be sent back to the Magistrate forthwith for proceeding afresh in accordance with law.