Gujarat: Fresh trial for unstable 'killer'

The Gujarat High Court on Wednesday saved a triple-murder accused from going to the gallows after it found that he is suffering from bipolar disorder. Interestingly, the court also severely criticised the trial court, public prosecutor, as well as the investigation officer for ignoring his mental illness and going ahead with the trial, resulting in an award of death penalty for the gruesome act.

A division bench of Justice JB Pardiwala and Justice AC Rao not just quashed the conviction and death awarded to the accused - Nagji Thakor - but also remitted the matter back to the sessions court at Visnagar for a fresh trial from the stage of framing of charges. The court, however, clarified that the fresh trial should be conducted by the lower court only after ascertaining the mental condition of Thakor.

The division bench has also directed the trial court that since it is a triple murder case, the lower court should appoint an experienced lawyer to defend the accused, if he is not in a position to do so. The court also remarked that it could have been a quadruple murder case if Thakor's wife had not miraculously survived his attack.

Notably, Thakor, a resident of Malarura in Kheralu taluka of Mehsana district, in a fit of rage had murdered his father, mother, and a three-year-old daughter, using an axe in April 2015, as he suspected an affair going on between his wife and father. He had also seriously injured his wife and two policemen who reached the site of the incident to arrest him. He was charged with murder, attempt to murder, and seriously injuring public servants. After an investigation by the police, he was tried by the sessions court at Visnagar, which awarded him a death penalty in September 2016 for the gruesome murders.

The state government, as per norms, moved the high court for confirmation of the death penalty, whereas an appeal against conviction and death penalty was moved by the accused.

Why Was The Death Penalty Quashed?

• Lower court committed an error in going ahead with the trial despite the accused being mentally ill
• The public prosecutor, advocate of the accused, and the investigation officer did not draw the court's attention to the materials on record with regard to the mental ailment of the accused
• Trial of a mentally unstable person is in contravention of Section 329 and 330 of the Criminal Procedure Code (CrPC)
• HC also pointed out the communication of jail authorities, where the accused was kept, pointing out his mental instability
• Medical certificate of Ahmedabad Central Jail, dated February 11, 2019, provided that the accused is currently being treated for bipolar disorder

Highlight: HC Criticises Trial Court, Lawyer

• To trial court: "The provisions of Section 329 do not embrace an idle formality but are calculated to ensure to an accused person a fair trial which cannot obviously be afforded to an insane person and the non-observance of those provisions must be held to convert a trial into a farce."
• To public prosecutor: "The public prosecutor is not supposed to seek conviction by hook or crook. Howsoever heinous or gruesome the crime may be. Needless to say that the Public Prosecutor is the officer of the court. His first and foremost duty to the court is to place the entire material before the court on behalf of the prosecution. He must be truthful and honest." "Even the defense counsel appointed by the Legal Services Authority (for the accused) failed in his duty."
• To investigation officer: "It was also the duty of the investigating officer to bring all the materials to the notice of the trial court, through the public prosecutor, as regards the mental condition of the accused and the treatment he was undergoing at the relevant point of time. The investigating officer also failed in his duty."