2012 P Cr (PLP)

RAUF AHMAD SHEIKH, J.

The petitioner has assailed the vires of order dated 12-11-2010 passed by the learned Additional Sessions Judge, Jaranwala whereby an application moved by him for postponement of the trial was dismissed. He had contended that he is person of unsound mind and cannot make his defence so he be got examined by the Medical Board and the trial be postponed. This application was dismissed by the learned trial Court with the observation that the contention has been raised to take undue benefit and that the accused being person of sound mind would be tried under the law in routine.

2. The facts in brief are that the petitioner is facing trial in case F.I.R. No.272 of 2010 Police Station Lundianwala District Faisalabad under section 302, P.P.C. On his above mentioned application, the Medical Superintendent, DHQ, Hospital Faisalabad was directed to submit a report, who forwarded the report of Dr. Imtiaz Ahmad Dogar Consultant Psychiatrist, DHQ Hospital, Faisalabad, who was of the opinion that the petitioner is suffering from 'Bipolar affective disorder' and was in manic phase at the time of his examination. However, the learned ASJ observed that he is a person of sound mind.

3. The learned counsel for the petitioner has contended that the learned trial Court had failed to appreciate the report in its true perspective and merely relied upon the personal observations, which do not carry much weight in presence of the positive report of expert. It is contended that the report vividly reveals that the petitioner is not capable to make his defence so the trial cannot proceed further and the petitioner is entitled to his release under section 466, Cr.P.C.

4. The learned counsel for the complainant has vehemently opposed the petition. It is contended that the petitioner is a hardened criminal and has adopted a false pretext in order to avoid the consequences of his brutal act, whereby he caused Qatl-e-amd of an innocent person. It is contended that on 4-11-2011, he got his statement recorded regarding compromise before the Judicial Magistrate in a private complaint titled 'Irfan-ul-Haq v. Nazeer Ahmad' and the said statement clearly shows that he does not suffer from any mental disease or infirmity and as such can defend himself in accordance with law. The copy of the said statement along with copy of order of learned Magistrate has been submitted.

5. The learned trial court had called for the report and according to Consultant Psychiatrist, the petitioner is suffering from 'Bipolar affective disorder'. This ailment connotes two different conditions of the patient. In one condition, he is a normal person but in the other, when he is under fit, loses control over his mind and may become dangerous for himself and others. Such person under fit cannot defend himself but once he is out of it, he behaves normally and rationally. In this condition he becomes conscious of his gains and losses. May be at the time of examination, he was in manic phase but his statement dated 4-11-2011 before the learned Magistrate clearly reveals that he was mentally fit and fully understood the nature of the statement made by him. He had categorically stated that with the intervention of the respectable of the locality, the matter has been patched up and he has forgiven the accused persons of the private complaint in the name of Allah Almighty. The contention of the learned counsel for the petitioner that this statement was got recorded by the wife of the petitioner from him has no force and appears to be a lame excuse tailored to avoid the impact of the same. Under section 465, Cr.P.C. the opinion of the trial Court has its own significance and it is required to try the fact of unsoundness or incapacity only if it arrives at the conclusion that the accused is of unsound mind and is incapable of making his defence.

6. The learned Additional Sessions Judge after observing the accused in the court has made observations, which cannot be brushed aside merely due to the fact that the Psychiatrist had given a different opinion as the opinion of the learned trial Court is confirmed from the sane and rational statement made by the accused. In these circumstances, the impugned order does not suffer from any illegality or infirmity. The revision petition is without merits and the same is hereby dismissed. However, if the learned trial Court at any stage of the trial is satisfied that due to recurrence and the ailment, the accused has become incapable to make his defence, it may refer him to the Punjab Institute of Mental Health, Lahore for examination by a competent board and then decide the matter afresh. N.H.Q./I-1/L Petition dismissed.