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Patna High Court

ManglaversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The conviction was set aside as a miscarriage of justice because the appellant was of unsound mind and the trial court failed to follow the provisions of Chapter XXV CrPC.

Summary

Mangla was convicted by the Additional Sessions Judge, Kishanganj, for murder under Section 302 IPC based on the testimony of seven eyewitnesses and a post‑mortem report. During the trial, the court was shown a medical report indicating that Mangla suffered from chronic schizophrenia and was of unsound mind. Despite this, the trial court proceeded, ignored the requirement of Section 329 CrPC, and rejected the defence’s application under Section 311 CrPC for a medical examination. The appellant appealed, contending that the trial court violated Chapter XXV of the CrPC and that his conviction was a miscarriage of justice. The Patna High Court held that the trial court erred by not adhering to the statutory provisions for persons of unsound mind, set aside the conviction and sentence, discharged the appellant, and ordered compensation and proper medical treatment.

Issues considered

  • The appellant was of unsound mind at the time of the offence and during trial, requiring application of Chapter XXV CrPC.
  • Whether the trial court erred by proceeding without a fitness certificate and by rejecting the Section 311 CrPC application.
  • Whether a conviction under Section 302 IPC can stand when the accused is mentally unsound.

Legislation cited

Subjects

  • murder
  • unsound mind
  • mental illness
  • Section 302 IPC
  • Chapter XXV CrPC
  • Section 329 CrPC
  • miscarriage of justice
  • compensation
  • appeal

Judgment

     IN THE HIGH COURT OF JUDICATURE AT PATNA
                    CRIMINAL APPEAL (DB) No.7 of 2025
 Arising Out of PS. Case No.-106 Year-2011 Thana- BAHADURGANJ District- Kishanganj
======================================================
Mangla Son of Bilta Resident of Village- Jhingakata, P.S.- Bahadurganj,
Distt.- Kishanganj, Bihar
                                                         ... ... Appellant
                               Versus
The State of Bihar
                                                      ... ... Respondent
======================================================
Appearance :
For the Appellant       :       Mr. Prashant Kumar, Advocate
                                Mr. Mayank Mohan, Advocate
For the Respondent      :       Mr. Binod Bihari Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD
        and
        HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL JUDGMENT
(Per: HONOURABLE MR. JUSTICE PRAVEEN KUMAR)

 Date : 10-02-2026

            Heard learned counsel for the appellant and learned

Additional Public Prosecutor for the State.

            2. This appeal has been preferred on behalf of the

appellant through Patna High Court Legal Services Committee

challenging the judgment of conviction dated 17.02.2018

(hereinafter referred to as the ‘impugned judgment’) and the order

of sentence dated 21.02.2018 (hereinafter referred to as the

‘impugned order’), passed by the learned Additional Sessions

Judge-I, Kishanganj (hereinafter referred to as the ‘learned trial

court’), in Sessions Trial No. 1170/2011, arising out of

Bahadurganj P.S. Case No. 106/2011, whereby the appellant has

been convicted for the offence punishable under Section 302 of the

Indian Penal Code (in short ‘I.P.C.’) and has been ordered to
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       undergo imprisonment for life and a fine of Rs. 10,000/-, and in

       default of payment of fine, he has been ordered to further undergo

       imprisonment for one year.

                    Prosecution Case: -

                    3. The prosecution story, in a nutshell, is that the fard-

       beyan of Shamshun Nisha (PW 1), wife of late Mukhtar Alam,

       came to be recorded on 26.08.2011 at 10:30 A.M. at Md. Gulam

       Haider Tea Shop, Jhigakatta Hat, by the P.S.I. Bhanu Pratap Singh

       of Bahadurganj P.S. In the said fard-beyan, the informant has

       mainly stated that at 07:00 AM, while her husband Late Mukhtar

       Alam was sitting with his brother Md. Gulam Haidar @ Kailu

       (PW 3) at the tea-snacks stall of his brother, Mangla (the appellant)

       came at the shop and sat there and picked up an axe lying there

       and assaulted on the head of her husband by axe causing serious

       injuries on the head and as a result of the said injuries, her husband

       died at the spot. On hearing the hulla about the said killing, the

       people from surrounding caught hold of Mangla (the appellant)

       and thrashed him causing serious injuries to him. Thereafter, the

       police was informed and on arrival of the police, the appellant was

       handed over to them. The informant has claimed that the appellant

       has intentionally assaulted her husband leading to his death.
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                    4. On the basis of the aforesaid fard-beyan given by

       informant (Shamsun Nisha), formal FIR came to be registered as

       Bahadurganj Police Station Case No.106 of 2011 on 26.08.2011 at

       12:30 hours against sole accused (the appellant herein) for the

       offences under Sections 302 IPC.

                    5. After registration of the F.I.R., the accused-appellant

       was taken into custody and sent for treatment. The Investigating

       Agency carried out the investigation and, during the course of the

       investigation, the Investigating Officer recorded the statement of

       the witnesses and collected the necessary evidence. Prior to that

       inquest report was prepared on the spot and dead body of the

       deceased was sent for conducting the post mortem.

                    6. After completion of investigation, the Investigating

       Officer (I.O.) submitted charge-sheet being Charge-Sheet No. 148

       of 2011 dated 31.08.2011 under Section 302 of the IPC.

                    7. On the basis of the police report, cognizance was

       taken under Section 302 IPC against the accused-appellant. As the

       case was exclusively triable by the Court of Sessions, the learned

       Magistrate committed the same to the Sessions Court under

       Section 209 of the Code of Criminal Procedure (in short ‘CrPC’),

       where the same was registered as Sessions Trial No.1170 of 2011.
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                    8. On 24.08.2012, charges were read over and explained

       to the appellant in Hindi to which he pleaded not guilty and

       claimed to be tried. Thereafter, the charge was framed against the

       appellant for the offence punishable under Section 302 IPC.

                    9. In course of trial, the prosecution examined as many as

       seven witnesses and exhibited one documentary evidence. The

       names of the prosecution witnesses and the exhibit are being shown

       hereunder in tabular form:-

                    List of Prosecution Witnesses

                         PW-1         Shamshun Nisha (informant)
                         PW-2         Md. Ubed Alam
                         PW-3         Gulam Haider
                         PW-4         Md. Rafique Alam
                         PW-5         Md. Tarique Anjum
                         PW-6         Md. Ansar
                         PW-7         Dr. Gadhadhar Prasad Pandey

                    List of Exhibit on behalf of Prosecution

                        Exhibit ‘1’     Post mortem report

                    10. Thereafter, the statement of the accused-appellant was

        recorded under Section 313 of the CrPC, in which he took a plea

        that he is innocent. The defence did not adduce oral or

        documentary evidence.

                    Finding of the Trial Court: -

                    11. The learned trial court has recorded in its finding that

        all the prosecution witnesses have supported the occurrence and
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        have deposed that the appellant had inflicted the axe blows on the

        head of the deceased as a result of which the deceased died on the

        spot. There is no occasion to disbelieve their evidence. The

        learned trial court has held that there is no contradiction in the

        evidence of the prosecution witnesses. The place, time and manner

        of occurrence and the injuries found on the body of the deceased

        are fully corroborated by the evidence on record. The trial court

        has also held that mere non-examination of the Investigating

        Officer will not render the prosecution case to be prejudicial to the

        right of the appellant.

                    12. Learned trial court found that on the basis of the

        cogent, convincing and reliable evidences brought on the record,

        prosecution has been able to prove the guilt against the appellant.

        Hence, learned trial court convicted the appellant for the offence

        punishable under Section 302 IPC.

                    DISCUSSION              WITH           REGARD   TO   THE

       DEPOSITION OF THE PROSECUTION WITNESSES:-

                    13. At this stage, we would appreciate the relevant

       evidence given by the witnesses. The informant (PW 1), namely,

       Shamshun Nisha, the wife of the deceased, has mainly deposed in

       her examination-in-chief that the occurrence took place at around

       three years ago. In the morning, her husband was at the tea stall of
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       his brother, where the accused-appellant assaulted on the head of

       her husband by means of axe, leading to his death at the spot. The

       tea stall belonged to the younger brother of the husband of the

       informant, who was also sitting alongside him. On hearing the

       hulla, when the informant reached at the tea stall, she saw her

       husband dead. The accused-appellant was caught by the people

       there, police was informed, the police came and recorded her fard-

       beyan, which was read over to her and having found the same to

       be correct, she put her LTI on it. Thereafter, the police took the

       accused-appellant into custody along with the axe. The dead body

       was sent for post mortem. She identified the accused-appellant,

       who was present in the court.

                    14. In her cross-examination, PW 1 has admitted that

       she has not herself seen the occurrence and she has given her

       statement on the information gathered from the people. She has

       admitted that there was no enmity or transaction of money

       between the deceased and the accused-appellant.

                    15. PW 2, namely, Md. Ubed Alam, has deposed in his

       examination-in-chief that the occurrence took place in the morning

       of ninth month of 2011. While he was going to the market from his

       house, he heard that one insane person has killed someone. When

       they reached there, they saw that the deceased had died and came
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       to know that Mangla has killed the deceased by axe. He has

       deposed that he knows the accused-appellant, who used to roam in

       the market, but does not know from where he belonged to.

                    16. In his cross-examination, PW 2 has deposed that he

       has not seen that the accused-appellant killed the deceased by

       means of axe, he came to know about it from people in the market

       that the accused-appellant was roaming in the market with an axe.

                    17. PW 3, namely, Gulam Haidar, has deposed in his

       examination-in-chief that at the time of occurrence, at about 07:00,

       his brother (deceased) was at the tea stall and PW 3 was in his

       house. When he went to the tea stall after hearing the hulla, he saw

       that his brother was lying dead on the ground with complete blood

       out of his body. People were surrounding the accused-appellant

       and told that the accused-appellant has killed the deceased by axe.

       Police had arrived by then and the accused-appellant was holding

       the axe with blood stains on it. Police took away the accused-

       appellant.

                    18. In his cross-examination, PW 3 deposed that no

       quarrel had ever taken place between the deceased and the

       accused-appellant. Accused-appellant used to roam around the

       market and beg for food. Everyone in the market said that accused-
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       appellant has killed the deceased and even the son of PW 3 told

       him about it.

                    19. PW 4, namely, Md. Rafique Alam, has also deposed

       in his examination-in-chief that the occurrence took place three

       years ago at around 07:00 AM. He had come to the tea stall for

       taking tea, and while he was taking tea, he saw the accused-

       appellant came from the back side of the tea stall with one axe and

       gave blow with axe on the head of the deceased. The deceased

       died there. He identified the accused-appellant in the court.

                    20. In his cross-examination, PW 4 has deposed that

       there was no enmity between the accused-appellant and the

       deceased, the deceased gave the blow without any warning. He

       thereafter deposed that he went to the place of occurrence on

       hearing hulla and people told him.

                    21. PW 5, namely, Md. Tarique Anjum, had deposed in

       his examination-in-chief that the occurrence took place in the

       morning two years ago. He was sitting on a chowki on the side of

       the road, where tea stall of Gulam Haider is situated. The deceased

       was also sitting there. The accused-appellant came from behind

       with an axe and gave axe blow on the head of the deceased, when

       he turned up on hearing the sound he saw that the accused-

       appellant had given two-three axe blows on the head of the
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       deceased causing severe injuries on his head and he died. He has

       identified the accused who was present in the court.

                    22. In his cross-examination, PW 5 has deposed that the

       accused-appellant used to roam around the market. He does not

       know the residence of the accused-appellant. The accused-

       appellant does not do anything, if someone gives something, he

       used to eat. From his appearance,                   accused-appellant does not

       seem to be of sound mental health. He denied that the accused-

       appellant is innocent.

                    23. PW 6, namely, Md. Ansar, has deposed in his

       examination-in-chief that the occurrence took place at 07:00

       AM two years ago. His house is near the place of occurrence.

       When he was opening his garage, he heard that the accused-

       appellant has killed the deceased by means of axe, when he

       reached there, he saw that the deceased has died due to injuries.

       The people caught hold the accused-appellant and snatched the

       axe. He identified the accused.

                    24. In his cross-examination, PW 6 has deposed that by

       appearance, the accused-appellant seems to be mentally derailed.

       Accused-appellant had inflicted four axe blows. The accused-

       appellant did not have any enmity with the deceased. The accused-

       appellant used to roam around like a mad man and if someone
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       gives something he used to eat it. He denies that the accused is

       innocent.

                    25. PW 7, Dr. Gadhadhar Prasad Pandey, is the doctor,

       who conducted the post-mortem examination of the dead body of

       the deceased. He has deposed in his examination-in-chief that he

       was posted as M.O. at S.D.H., Kishanganj. On 26.08.2011, at

       01:05 PM, he conducted the post mortem examination of the dead

       body the deceased and found the following ante mortem injuries:-

                                     “I. Incised wound 1-1/2” x 1/2” x bone
                        deep on Lt. Side of front of head.
                                     II. Incised wound 2”x1/2”x fracture of
                        underline bone on back of left side of head.
                                     III. Incised wound 2’”x 1/2” x fracture of
                        underline bone below injury no.2.
                                     IV. Incised wound 1-3/4”x1/2”x fracture of
                        underline bone on back of left side of head. Brain
                        bruised at places of fracture of skull bone.
                                     Cause of injuries – sharp cutting weapon.
                                     Time since death – within 12 hours.
                                     Cause of death – Hemorrhage and shock
                        caused by above mentioned injuries.”

                    26. In his cross-examination, PW 7 has deposed that

       such type of injuries cannot be possible by fall on jhagar used for

       lifting bucket from the well.
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                    Submission of learned counsel of the appellant: -

                    27. Learned counsel for the appellant has submitted, at

       the outset, that the trial court has, during course of the trial noticed

       the behaviour of the appellant to be abnormal, stayed the

       proceeding, sought a report from the jail authorities and the Doctor

       regarding his mental condition. The report of the jail doctor

       suggests that the appellant was suffering from mental disease-

       chronic-schizophrenia. All the prosecution witnesses have deposed

       in their evidence that the appellant was ‘pagal’ and used to roam

       around the market. However, without awaiting for the fitness

       report in this regard, the trial court concluded the trial and

       convicted the appellant. The provisions prescribed in Chapter-

       XXV CrPC were not followed and the protection flowing from the

       said provision did not incur in favour of the appellant. Even the

       application of the appellant under Section 311 CrPC was rejected.

       He submits that accordingly the impugned judgment warrants

       interference by this Court and the same may be set aside.

                    Submission of learned counsel of the State: -

                    28. Learned Additional Public Prosecutor for the State

       has submitted that there is no infirmity in the impugned judgment

       as all the prosecution witnesses have supported the occurrence and

       in their evidence they have deposed that the appellant has killed
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       the deceased. The murder weapon was also recovered and the

       appellant was arrested from the place of occurrence itself.

       However, learned Additional Public Prosecutor could not

       controvert the submission of learned counsel for the appellant that

       the provisions under Chapter XXV CrPC were not followed.

                    Consideration: -

                    29. From the perusal of the records including the

       evidences adduced on behalf of the prosecution and the different

       orders passed by the learned trial court, it is clear that the appellant

       was of unsound mind and was also lunatic at the time of

       occurrence as well as during the proceedings of trial in the trial

       court. The prosecution witnesses have categorically stated in their

       evidence that the appellant was of unsound mind at the time of

       commission of the occurrence.

                    30. From perusal of the record, it further transpires that

       order-sheets of the trial court would clearly reflect that on one

       stage, vide order dated 18.01.2014, during the production of the

       accused before the trial court, his behaviour appeared abnormal

       and lunatic and as such, the trial court directed the Jail

       Superintendent to submit a report from the Jail Doctor about the

       mental condition of the appellant. It would further appear from the

       order dated 05.02.2014 of the learned trial court that the report of
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       the Jail Doctor was received and the same was produced before the

       trial court.

                    31. The Jail Doctor, namely, Dr. Sunil Kumar, had

       reported that the under-trial accused/appellant is suffering from

       mental disease-chronic Schizophrenia, therefore, he is required to

       be provided proper treatment and his production before the court is

       required to be stayed till he regains mental fitness as he is

       possessing an unsound mind at the moment and is capable of

       making mistakes. The learned trial court stayed the further

       proceedings till the submission of the report of the Jail Doctor

       regarding the appellant’s mental fitness. The order duly records

       that the provisions of Section 329 CrPC are required to be

       followed.

                    32. The Jail Superintendent and Jail Doctor Nishaya

       were directed to take proper steps for treatment of mental disorder

       of the under-trial accused and to report the learned court after he

       regains his mental fitness. This order of the learned trial court was

       forwarded to Superintendent of Jail, Kishanganj.

                    33. Thereafter, the reports were somehow kept pending

       and it appears that the appellant was sent to Dr. Jawaharlal Nehru

       Medical College and Hospital, Bhagalpur, but no report regarding

       his fitness was submitted to the trial court. These facts are
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       recorded in the order dated 15.05.2014 of the learned trial court.

       Further, it appears from the records that the trial of the accused-

       appellant was transferred to the court of learned Additional District

       and Sessions Judge-I, Kishanganj. The fitness report was still not

       received rather the order dated 04.08.2014 would show that the

       accused was still mentally unfit.

                    34. In this manner, the records were kept pending one

       after another date and lastly on 11.07.2016, the accused-appellant

       was produced in court with the custody warrant and the case was

       fixed for evidence. Thereafter, it appears that the learned trial court

       completely forgot the fact that no fitness certificate of the accused

       was ever produced by the Jail Superintendent and even during the

       evidence of the prosecution witnesses, it has transpired that the

       accused-appellant had lost his mental balance. It further transpires

       that during his statement recorded under Section 313 CrPC, the

       learned trial court ordered to appoint an Advocate for him through

       the District Legal Services Authority. Later on, one Prabhat Kumar

       Rai, Advocate, was deputed by the District Legal Services

       Authority to defend the accused. Further, it transpires from the

       order of the learned trial court dated 29.11.2017 that the learned

       defence lawyer appearing in the trial court on behalf of the

       accused-appellant, filed an application under Section 311 CrPC
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       and requested the learned court to call for all the medical reports

       relating to the accused, but unfortunately vide order dated

       18.12.2017, this application was rejected by the learned Additional

       District and Sessions Judge- I, Kishanganj, on the ground that the

       accused was medically examined vide medical report dated

       13.06.2014, but during the whole trial the defence has not taken

       any step to get the same exhibited and because the case is of the

       year 2011, such application was filed by the defence only to

       prolong the trial.

                    35. The learned trial court rejected the application of the

       defence under Section 311 CrPC to examine the doctor, who had

       medically examined the accused and went on to record a finding

       that the accused seems medically fit and healthy.

                    36. In order to appreciate the matter in its totality, this

       Court would like to refer to Chapter XXV of the CrPC wherein the

       provisions as to accused persons of unsound mind has been

       provided. This Court would like to reproduce Section 329 CrPC

       for ready reference, which reads thus: -

                                             “329. Procedure in case of person of
                                unsound mind tried before Court.—(1) If at the
                                trial of any person before a Magistrate or
                                Court of Session, it appears to the Magistrate
                                or Court that such person is of unsound mind
                                and consequently incapable of making his
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                                   defence, the Magistrate or Court shall, in the
                                   first instance, try the fact of such unsoundness
                                   and incapacity, and if the Magistrate or Court,
                                   after considering such medical and other
                                   evidence as may be produced before him or it,
                                   is satisfied of the fact, he or it shall record a
                                   finding to that effect and shall postpone further
                                   proceedings in the case.
                                                  1
                                                      [(1-A) If during trial, the Magistrate
                                   or Court of Sessions finds the accused to be of
                                   unsound mind, he or it shall refer such person
                                   to a psychiatrist or clinical psychologist for
                                   care and treatment, and the psychiatrist or
                                   clinical psychologist, as the case may be shall
                                   report to the Magistrate or Court whether the
                                   accused is suffering from unsoundness of mind:
                                                  Provided that if the accused is
                                   aggrieved by the information given by the
                                   psychiatric or clinical psychologist, as the case
                                   may be, to the Magistrate, he may prefer an
                                   appeal before the Medical Board which shall
                                   consist of—
                                                  (a) head of psychiatry unit in the
                                   nearest government hospital; and
                                                  (b) a faculty member in psychiatry in
                                   the nearest medical college.]
                                                  2
                                                      [(2) If such Magistrate or Court is
                                   informed that the person referred to in sub-
1. Inserted by Act 5 of 2009, S. 26 (w.e.f. 31-12-2009).
2. Substituted by Act 5 of 2009, S. 26, for sub-S. (2) (w.e.f. 31-12-2009).
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                                section (1A) is a person of unsound mind, the
                                Magistrate or Court shall further determine
                                whether unsoundness of mind renders the
                                accused incapable of entering defence and if
                                the accused is found so incapable, the
                                Magistrate or Court shall record a finding to
                                that effect and shall examine the record of
                                evidence produced by the prosecution and after
                                hearing the advocate of the accused but
                                without questioning        the accused,   if   the
                                Magistrate or Court finds that no prima facie
                                case is made out against the accused, he or it
                                shall, instead of postponing the trial, discharge
                                the accused and deal with him in the manner
                                provided under section 330:
                                             Provided that if the Magistrate or
                                Court finds that a prima facie case is made out
                                against the accused in respect of whom a
                                finding of unsoundness of mind is arrived at, he
                                shall postpone the trial for such period, as in
                                the opinion of the psychiatrist or clinical
                                psychologist, is required for the treatment of
                                the accused.
                                             (3) If the Magistrate or Court finds
                                that a prima facie case is made out against the
                                accused and he is incapable of entering
                                defence by reason of mental retardation, he or
                                it shall not hold the trial and order the accused
                                to be dealt with in accordance with section
                                330.]”
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                    37. From a bare perusal of Section 329 (1) CrPC, it is

       clear and there appears no ambiguity in coming to a conclusion

       that it appears to the Magistrate or Court that if a person is of

       unsound mind and consequently incapable of making his defence,

       the Magistrate or Court shall, in the first instance, try the fact of

       such unsoundness and incapacity, and if the Magistrate or Court,

       after considering such medical and other evidence as may be

       produced before him or it is satisfied of the fact that he or she shall

       record a finding to that effect and shall postpone further

       proceedings in the case.

                    38. It appears from perusal of the record as discussed

       above, particularly by orders of the trial court dated 18.01.2014,

       wherein the learned trial court came to a finding prima facie that

       the behaviour of the accused-appellant was abnormal and lunatic.

       A report was called for by the Jail Superintendent regarding the

       mental condition of the appellant. Further, order dated 05.02.2014

       of the trial court would reflect that the report of Jail Doctor,

       namely, Dr. Sunil Kumar, was on record, wherein he reported to

       the trial court that the appellant was suffering from mental disease-

       chronic schizophrenia and suggested for his treatment.

                    39. Considering the report of the Jail Doctor, an order

       was duly recorded by the trial court that the provisions of Section
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       329 CrPC have to be followed with respect to the accused-

       appellant and also directed the appropriate authorities to take

       proper steps for treatment of mental disorder of the accused-

       appellant and further directed to report the matter after his

       treatment when he regains his mental fitness. The order having

       came to be forwarded to Superintendent of Jail, Kishanganj for

       information, the report never thereafter came to be submitted by

       any of the medical authorities or the jail authorities and it appears

       that no positive steps in this regard was taken by the trial court. If

       there was no report of either the jail authorities or the medical

       authorities and when the matter came to be stayed till a report of

       fitness of the accused, then the trial court ought not to have

       proceeded any further in absence of the medical report when the

       trial of the accused-appellant was already stayed. The rejection of

       Section 311 CrPC application by the learned trial court also does

       not appear to be proper when the learned trial court has itself

       ordered to appoint an Advocate for the accused-appellant through

       District Legal Services Authority giving a finding while recording

       his statement under Section 313 CrPC that he has lost his mental

       balance and he is not able to understand the question, Section 311

       CrPC application having been filed so as to re-examine the
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       accused-appellant who had already been examined during the trial

       ought not to have been rejected in the interest of justice.

                    40. The sole issue in this case from the beginning till the

       conclusion of the trial was the fact that whether the appellant was

       lunatic or not. The order of the learned trial court having reflected

       the fact that the appellant was lunatic since before the recording of

       evidence and till conclusion of the trial and even during the

       recording of the statement of the accused-appellant under Section

       313 CrPC, the learned trial court came to a finding that the

       accused-appellant was having mental disorder and the reports were

       on record, the learned trial court should not have proceeded further

       even after that stage and would have followed the provisions as

       provided under Chapter XXV CrPC. The mandate of law as

       decided by this Court and the Hon’ble Apex Court in a catena of

       decision would clearly show the provisions as contained in

       Chapter XXV CrPC be strictly followed.

                    41. In course of hearing of this appeal for suspension of

       sentence and release on bail, this Court vide order dated

       02.09.2025 not only suspended the sentence but also issued the

       following directions:-

                                     “12. Before the appellant is released, a
                        complete medical check-up of the appellant shall be
                        conducted in the nearby medical college and hospital
Patna High Court CR. APP (DB) No.7 of 2025 dt.10-02-2026
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                        and if it is found that he is still mentally unfit, it will
                        be the bounden duty of the State to get the appellant
                        admitted in a hospital where he may receive proper
                        treatment and such cost of treatment shall be borne
                        by the State. His family member/ relatives (if any)
                        shall be informed about his treatment and release
                        and this will be the responsibility of the Jail
                        Superintendent         and         the   District   Magistrate,
                        Kishanganj.
                                     13. We call upon the State to submit a
                        comprehensive report pointing out as to why no
                        mental fitness certificate was produced by the
                        prosecution before proceeding with the examination
                        of prosecution witnesses. We would also like to know
                        as to why the accused despite being mentally unfit
                        was not sent to a proper hospital for his further
                        treatment. In this connection, a complete report from
                        the then Jail Superintendent, Kishanganj and the
                        public prosecutor who represented the State be called
                        for and be submitted to this Court within three weeks
                        from today.”

                    42. Thereafter, we passed the order dated 17.10.2025

       which is being reproduced hereunder:-

                                     “In course of hearing of the matter today it
                        transpired that the appellant is still being kept in jail
                        perhaps for the reason that nobody from his family
                        has come to receive him. It has also transpired that
                        from Purnea jail, he is being sent to Government
Patna High Court CR. APP (DB) No.7 of 2025 dt.10-02-2026
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                        Medical College and Hospital, Purnea as and when
                        advised by the doctor.
                                     2. Vide our order dated 02.09.2025, we
                        have already directed for suspension of sentence and
                        release of appellant on bail during pendency of the
                        appeal without any bail bond. In such circumstances,
                        his continuance in jail is wholly illegal and in breach
                        of the mandate of the order of this Court.
                                     3. On the next date of hearing, this Court
                        would consider initiating a contempt proceeding
                        against the erring officials for their willful
                        disobedience and disregard shown to our order.
                                     4. This Court directs the Principal District
                        and Sessions Judge, Purnea, to depute the Secretary,
                        District Legal Services Authority to visit the jail
                        premises, meet the appellant and find out his present
                        condition after interaction with him as well as the
                        doctor treating him. The report in this regard be
                        submitted in this Court.
                                     5. The Secretary, District Legal Services
                        Authority shall also meet the family member of the
                        appellant wherever they are living and discuss with
                        them the issues if any which may be existing in the
                        matter of the return of the appellant to his home.
                                     6. The District Magistrate, Kishanganj and
                        Jail Superintendent Kishanganj, who have been
                        made responsible to ensure that the appellant gets
                        admitted in the hospital and receive proper treatment
                        and also to meet the cost of treatment to be borne by
                        the State shall file their respective affidavits as to
Patna High Court CR. APP (DB) No.7 of 2025 dt.10-02-2026
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                        why they be not proceeded against for not complying
                        with the order of this Court and despite the order,
                        sending the appellant to jail again and again be not
                        treated as contemptuous.
                                     7. List this matter on 12.11.2025. Let a
                        copy of the order be communicated to the Principal
                        District and Sessions Judge, Purnea, the District
                        Magistrate, Kishanganj and the Jail Superintendent
                        of Kishanganj and Purnea.”

                    43. Pursuant to our order dated 17.10.2025, the Jail

       Superintendent, Divisional Jail, Kishanganj and the District

       Magistrate, Kishanganj filed their respective show-cause. We have

       considered the same in our order dated 19.11.2025 as under:-

                                     “Heard learned counsel for the appellant
                        and learned Additional Public Prosecutor for the
                        State.
                                     2. In pursuance of this Court's order dated
                        17.10.2025, the Jail Superintendent, Divisional Jail,
                        Kishanganj and the District Magistrate, Kishanganj
                        have filed their respective show-cause.
                                     3. It appears on going through the records
                        that after finding the seriousness of the order passed
                        by this Court, ultimately, the respondent authorities
                        have acted and what have been found during this
                        exercise, speak of the complete inaction on the part
                        of the Investigating Officer of the case.
                                     4. Now it has been revealed in the
                        communication contained in Letter No. 2834 dated
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                        26.10.2025 (Annexure R-15 series) of the Jail
                        Superintendent, Divisional Jail, Kishanganj that the
                        real name of the appellant is Zahiruddin, Son of
                        Zenuddin, R/o Village-Bhatabadi, P.S.-Bahadurganj,
                        District-Kishanganj. The verification has been done
                        by the Anchala Adhikari, Bahadurganj and Dighal
                        Bank. After the said verification, the appellant (real
                        name Zahiruddin) has been released and handed-
                        over to his sister, namely, Moharni Nisha, Wife of
                        Moinuddin, R/o Village-Teknigarhi, Ward No. 12,
                        Panchayat Lohagadda, P.S.-Modbari, Block-Dighal
                        Bank, District-Kishanganj.
                                     5. It is evident that the whole trial has been
                        conducted without verification of the appellant and
                        this only strengthens our views that expressed in our
                        order dated 02.09.2025.
                                     6. We will consider the show-cause filed on
                        behalf of the Jail Superintendent, Divisional Jail,
                        Kishanganj and the District Magistrate, Kishanganj
                        on the next appointed date.
                                     7. In the meantime, the District Magistrate,
                        Kishanganj and the Superintendent of Police,
                        Kishanganj shall submit a brief report as to why
                        proper verification of the appellant could not be done
                        at the relevant time and who are responsible for this.
                                     8. The District Legal Service Authority,
                        Purnia shall keep on getting report with respect to
                        the appellant through the Para-legal volunteers.
                                     9. The sister of the appellant shall be
                        apprised that she may appear before this Court,
Patna High Court CR. APP (DB) No.7 of 2025 dt.10-02-2026
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                        instruct the lawyer representing the appellant
                        through Patna High Court Legal Service Committee
                        and take appropriate steps as may be advised to her.
                                     10. List this matter, under the same
                        heading, on 18.12.2025.
                                     11. In the meantime, the order, as above,
                        shall be complied by the concerned authorities.”

                    44. This Court has further passed the order dated

       18.12.2025, which is being reproduced hereunder:-

                                     “Heard Mr. Prashant Kumar, learned
                        counsel for the appellant and Mr. Ajay Mishra,
                        learned Addl. Public Prosecutor for the State.
                                     2. The sister and the brother-in-law of the
                        appellant have also appeared before this Court and
                        informed that now the appellant is with them. He
                        requires treatment and that treatment is being
                        provided to the appellant with the help of the
                        Government.
                                     3. In the circumstances, which have
                        transpired in this case, we direct listing of this
                        appeal "For Hearing" within top five cases on 10 of
                        February, 2026).
                                     4. Office shall prepare the paper book and
                        circulate the same.
                                     5. Show-cause filed on behalf of the
                        District Magistrate, Kishanganj and the Jail
                        Superintendent, Kishanganj are accepted.”
Patna High Court CR. APP (DB) No.7 of 2025 dt.10-02-2026
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                    45. Having given our deepest and anxious consideration

       on the facts in issue, we find the judgment of conviction dated

       17.02.2018 and the order of sentence dated 21.02.2018, passed by

       the learned Additional Sessions Judge-I, Kishanganj, in Sessions

       Trial No. 1170/2011, arising out of Bahadurganj P.S. Case No.

       106/2011, warrants interference. We also further record a finding

       that complete miscarriage of justice has been done to the appellant

       and as such, we set aside the impugned judgment of conviction

       dated 17.02.2018 and the order of sentence dated 21.02.2018,

       passed by the learned Additional Sessions Judge-I, Kishanganj, in

       Sessions Trial No. 1170/2011.

                    46. This appeal is allowed.

                    47. The appellant is discharged from the liabilities of his

       bail bonds.

                    48. Before parting with the judgment, we record a

       finding that complete miscarriage of justice has been done with the

       appellant due to which he has remained in incarceration for a

       period of about 15 years. Even as the learned trial court came to

       record a finding in the year 2014 itself that the appellant was a

       lunatic, proceeding under Chapter XXV CrPC has not been

       resorted to and moreover, the efforts of his rehabilitation could not be

       taken and valuable years of the appellant has been lost and still today
             Patna High Court CR. APP (DB) No.7 of 2025 dt.10-02-2026
                                                        27/27




                    perhaps due to lack of treatment and rehabilitation, he may be of

                    unsound mind and a lunatic.

                                 49. Therefore, we deem it fit and proper to direct for

                    award of adequate compensation to the present appellant. The

                    District Legal Services Authority, Kishanganj, shall determine the

                    compensation amount and provide the same to the appellant within

                    eight weeks from the date of communication of a copy of this

                    judgment. The District Magistrate, Kishanganj, shall arrange for

                    proper treatment of the appellant and all expenses in this regard

                    shall be borne by the State.

                                 50. Let a copy of this judgment together with the trial

                    court’s record be sent down to the learned trial court.



                                             (Rajeev Ranjan Prasad, J)


                                                  (Praveen Kumar, J)
Pawan/-
AFR/NAFR                NAFR
CAV DATE                N/A
Uploading Date          24.02.2026.
Transmission Date       24.02.2026.


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