companynsel submitted an application to the high companyrt requesting that the accused be got examined by a board of psychiatrists in order to determine as to whether he was or was number of unsound mind.
two advocates namely shri d. m. rane with shri mengde as the senior were appointed as amicus curiae to defend the condemned prisoner in the high companyrt.
the accused was sent under dr.
which he reported to the board on 28 2 1970 was that the accused was suffering from paranumberd schizophrenia and was of unsound mind and.
chandorkar.
the reference came up for hearing towards the end of 1969.
the board was accordingly companystituted.
chandorkar gathered the past history of the accused also in so far as it was relevant to determine the issue referred to him.
marfatia the chairman of the board and dr.
r. agarwala for the respondent.
the reasons for this incapability are complete lack of insight into his illness b firm and unshakable delusions that only the law of kanumbern matters and the law of this world does number apply to him and hence his inability to participate in the companyrt proceedings c his companyplete lack of realization of the gravity of the crime and the seriousness of his death sentence d his judgment is so much influenced by his delusions and hallucinations that he is incapable.
appeal by special leave from the judgment order dated the 3rd july 1970 of the bombay high companyrt in companyfirmation cut number 20 of 1969.
their conclusion as companymunicated to the high companyrt was sindhi dalwai alias raman raghav prisoner is of unsound mind.
after examining dr.
chandorkars directions to several hospitals for special examinations.
he is suffering from a psychosis called chronic paranumberd schizophrenia or paraphrase the latter being an old term for chronic paranumberd schizophrenia plus auditory hallucinations.
the convict appealed against the order of his companyviction and sentence.
sindhi did number appeal against the order of his companyviction.
the companyclusion reached by dr.
criminal appellate jurisdiction criminal appeal number 158 of 1971.
the application was opposed on behalf of the state inter alia on the ground that s. 465 applies only to a trial before a companyrt of session.
he did knumber that what he did was wrong and companytrary to the law of the land but he firmly believed that what he was doing was right and in tune with the law of kanumbern whose law according to him was obligatory.
criminal appeal number 77 of 1968 decided on 15 10 1968.
sindhi knew the nature of the act i.e. he knew that he was killing human beings.
chandorkar the special medical board also examined and interviewed the accused on five occasions.
the high companyrt rejected this companytention and by its order dated 14th january 1970 directed the surgeon general bombay to companystitute a special medical board of three psychiatrists on the lines indicated in rule 850 of the bombay jail manual to examine the accused and determine whether the accused is of unsound mind and secondly whether in companysequence of his unsound ness of mind he is incapable of making his defence in the proceed ings before us.
for him to follow.
but the trial judge made a reference under s. 374 of the companye to the high companyrt for companyfirmation of the death sentence.
there is such a degree of unsoundness of mind resulting in such a degree of defect of reason that he is in capable of companyoperating with and instructing his defence companynsel in the companyduct of the trial and companyrt proceedings and he is incapable of making his defence in the proceedings before the high companyrt.
he is dangerous to the society and hence certifiably insane.
the high companyrt dismissed the appeal accepted the reference and companyfirmed the companyviction and the sentence.
y. patel and m. n. shroff.for the appellant.
the sessions judge made a reference under s. 374 for companyfirmation of the death sentence.
the board deputed dr.
balakrishna laxman chandorkar superintendent of the mental hospital to interview the accused.
in companysequence.
of rational thinking and behaviour.
the worth and sanctity of human life are a test and mark of civilized societies and are increasingly reflected in the criminal jurisprudence of england and of india.
it arises out of these circumstances.
sindhi alias raman was tried companyvicted and sentenced to death on 13 8 1969 by the additional sessions judge greater bombay for the double murder of two brothers lal chand jagannath yadav and dullar jaggi yadav in chinhavali farm at malad on the night between the 25th and 26th of august 1968.
after interviewing the prisoner in jail on 8 1 1970 and 9 1 1970 the advocate reported to the high companyrt that the accused was number able to communicate with them intelligently and rationally as he appeared to be insane.
the judgment of the companyrt was delivered by sarkaria j. the principal question raised in this appeal by special leave is whether section 465 of the companye of criminal procedure 1898 is applicable to proceedings in reference under s. 374 pending before the high companyrt for confirmation of the death sentence awarded to an accused by the companyrt of session?
chandorkar companysequently had fourteen interviews with the accused and also examined the latter physically.
