# STATE OF MAHARASHTRA v. SINDHI @ RAMAN February 19, D75

- **Citation:** [1975] 3 S.C.R. 574
- **Court:** Supreme Court of India
- **Decided:** 1975
- **Case number:** Criminal Appeal No. 158 of 1971
- **Source:** https://unisonlegal.in/judgment/supreme-court-of-india/state-of-maharashtra-v-sindhi-raman-february-19-d75-6445
- **Pages:** 8

## Headnote

574
STATE OF MAHARASHTRA
v.
SINDHI @ RAMAN
February 19, D75
[V. R. KRISHNA IYER AND R. S. SARKARIA, JJ.l
A
Sec, 374 a11d Sec. 465 of the Cr. P. Code 1898-When does a trial co11c/ude
if tli.o. Sessions Judg~ T?asses ~eat~ sent enc~ and refers to High Court for conB
firmatwn-Whether It is continuatzon of trial-Interpretation of statute-Liberal
consm1ction to avoid rep11gna11cy with principles of natural justice.
The responclent \lias sentenced to death by the Additional Sessions Judge
for double murder. He did not. file any appeal. The tri..I Judge made u reference to the High Court .• for confirmation of death ;entence.
Twc adv,)cates
were appointed Amicu> Cu.iae to defend the respondent. After interview with
the respondent the advocates reported to
th·~ High Court that the respondent
appeared
to
b~ imane. He
was
examined
by
a·
Medical
!Board
consisting of 3 Psychiatrists. According to the Medical Board he wa; not
C
capable of rati(mal thinking or b~haviour. The High Court came to th~: concl1*sion that the resoondent was clearly of unsound mind.
The High Court,
therefore, postponed the proceeaings in the confirmation case.
On l1ppeal to
this Court by State, it was contended;
(I) The provision regarding postponing the proceedings if an l1ccmed is
found to be of unsound mind as contained in section 465 <>f the Criminal Procedure Code is confined to the trial stage and does not apply to the proceedings
before the High Court on referenc~ as the same are post-trial proceedings.
D
(2) In proceedingi on reference under section 334 the accused has
no
right of audiern;:e before the Hi2h Court.
(3) The High Court was wrong in
delegating its powers to
determine
wht;ther the respondent was of unsound mind to the Medical Board.
HELD : (i) As far as an accu$etl person sentenced to death is concerned,
his trial does not conclude with termination of the proceedings in the Court
of Session: since: the death sentence riassed by the Court of Session is subject
E
to confirmation by the High Court, the trial cannot b~ deemed to have concluded till an executable s·~ntence is passed by a competent court. The confirmation proceedings are in subitance a continuation of the trial.
Expr,~ssion
"at his trial" occ.t•,;ring in section 465 ha·s to be liberally construed in a manner
which is not repugnan! to the fundamental principles of natural justice.
(5790-E;
5800-Ej
·
(2) in coafirmation proceedings the High Court cannot arbilr::riiy refuse
to hear the accused either in :>erson or throu1~h counsel. It is wrong to ;tate
F
that the High Court accepted the ipse dixit of the medical expens.
These
experts.
gave detailed and cogent re<isons in support of their opinion.
The
High" _Court meticu!ouslv considered their evidence and thereafter recocdcd its
own findings on the crucial issues.
[581B-D]
The decision in Vi1•ian Rodrick v. Swte of' West Bengal [1969] 3 S.C.C. 176,
followed.
The decision in cases of J111nma11 & Ors. v. State of Punjab A.LR. 1957 S.C.
469 and Surjit Singh a11d Anr. v. State of Punjab. Criminal Appeal No. rJ
G
of 1968 decided on 15-10-1968 applied.

## Text

574
STATE OF MAHARASHTRA
v.
SINDHI @ RAMAN
February 19, D75
[V. R. KRISHNA IYER AND R. S. SARKARIA, JJ.l
A
Sec, 374 a11d Sec. 465 of the Cr. P. Code 1898-When does a trial co11c/ude
if tli.o. Sessions Judg~ T?asses ~eat~ sent enc~ and refers to High Court for conB
firmatwn-Whether It is continuatzon of trial-Interpretation of statute-Liberal
consm1ction to avoid rep11gna11cy with principles of natural justice.
The responclent \lias sentenced to death by the Additional Sessions Judge
for double murder. He did not. file any appeal. The tri..I Judge made u reference to the High Court .• for confirmation of death ;entence.
Twc adv,)cates
were appointed Amicu> Cu.iae to defend the respondent. After interview with
the respondent the advocates reported to
th·~ High Court that the respondent
appeared
to
b~ imane. He
was
examined
by
a·
Medical
!Board
consisting of 3 Psychiatrists. According to the Medical Board he wa; not
C
capable of rati(mal thinking or b~haviour. The High Court came to th~: concl1*sion that the resoondent was clearly of unsound mind.
The High Court,
therefore, postponed the proceeaings in the confirmation case.
On l1ppeal to
this Court by State, it was contended;
(I) The provision regarding postponing the proceedings if an l1ccmed is
found to be of unsound mind as contained in section 465 <>f the Criminal Procedure Code is confined to the trial stage and does not apply to the proceedings
before the High Court on referenc~ as the same are post-trial proceedings.
D
(2) In proceedingi on reference under section 334 the accused has
no
right of audiern;:e before the Hi2h Court.
(3) The High Court was wrong in
delegating its powers to
determine
wht;ther the respondent was of unsound mind to the Medical Board.
HELD : (i) As far as an accu$etl person sentenced to death is concerned,
his trial does not conclude with termination of the proceedings in the Court
of Session: since: the death sentence riassed by the Court of Session is subject
E
to confirmation by the High Court, the trial cannot b~ deemed to have concluded till an executable s·~ntence is passed by a competent court. The confirmation proceedings are in subitance a continuation of the trial.
Expr,~ssion
"at his trial" occ.t•,;ring in section 465 ha·s to be liberally construed in a manner
which is not repugnan! to the fundamental principles of natural justice.
(5790-E;
5800-Ej
·
(2) in coafirmation proceedings the High Court cannot arbilr::riiy refuse
to hear the accused either in :>erson or throu1~h counsel. It is wrong to ;tate
F
that the High Court accepted the ipse dixit of the medical expens.
These
experts.
gave detailed and cogent re<isons in support of their opinion.
The
High" _Court meticu!ouslv considered their evidence and thereafter recocdcd its
own findings on the crucial issues.
[581B-D]
The decision in Vi1•ian Rodrick v. Swte of' West Bengal [1969] 3 S.C.C. 176,
followed.
The decision in cases of J111nma11 & Ors. v. State of Punjab A.LR. 1957 S.C.
469 and Surjit Singh a11d Anr. v. State of Punjab. Criminal Appeal No. rJ
G
of 1968 decided on 15-10-1968 applied.
CRIMINAL APPELLATE JURISDICTION:
Criminal Appeal
No.
158 of 1971Aooeal bv Special Leave from the Judgment & OAfer dated the
3rd July, 1970 of the Bombay High Court in confirmation case No.
20 of 1969.
H
D. JI. Patel and M. N: Shroff, for the Appelant.
B. R . .Agaiwala, for the Respondent.
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MAHARASHTRA v. SINDHI (Sarkaria, !.)
575
The Judgment of the Court was delivered by
SARKARIA, J.-The principal question raised in this appe~l by
speciaJ leave is : Whether Section 465 of the Code of Criminal Procedure, 1898, is applicable to proceedings in reference under s. 374
pending befor~ the High Court for confirmation of the death sentence
awarded to an accused by the Court of Session ?
It arises out of these circumstances.
Sindhi alias Raman was tried, convicted 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 Chi*havali Farm at Malad on
the
night
between the 25th and 26th of August, 1968. Sindhi did not appeal
against the order of his conviction. But the trial Judge made a reference under s. 374 of the Code to the High Court for confirmation
of the death sentence. The reference came up for hearing towards the
end of 1969.
On 22-10-1969, the prisoner expressed a desire to be present a.t
the hearing of his case before the High
Court.
Two
Advocates,
namely Shri D. M. Rane wi'h Shri Mengde as
the
Senior
were
appointed as amicus curiae to de~end the condemned prisoner in the
High Court. After interviewing the prisoner in Jail on 8-1-1970 and
9-1-1970, the Advocate reported to the High Court that the accused
was not able to communicate with them intelligently and rationally
as he appeared to be insane. Counsel submitted an application to the
Bigh Court requesting that the accused be got examined by a Board
<1f psychiatrists in order to determine as to whe'her he. was or was
not of unsound mind. The application was opposed on behalf of the
State inter alia on the ground that s. 465 applies on! y to a trial before
a court of Session. The High Court rejected this contention, and by
its order, dated 14th January, 1970. directed the Surgeon-General,
Bombay t-0 constitute 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 consequence of his unsoundr
ncss of mind, he is ircapable of making his defence in the proceedings before us". The Board was accordin..gly constituted. The Board
deputed Dr. Balakrishna Laxman Chandorkar, Suoerintendent of the
Mental Hospital to interview the accused. Dr. Chandorkar,
consequently, had fourteen interviews with the accused and also examined
the latter physically. The accused was sent, under Dr. Chandorkar's
directions, to several hosoitals for special examinations. Dr. Chandorkar 11athered the past historv of the accused, also. in so far as it was
relevant to de.termine the issue referred to him.
The
conclusion
reached b•1 Dr. Chandorkar. which he reported to the
Bo~rd on
H
28--2-1970. was that the ac·cused
w~s suffering from
Paranoid
Schizoohrenia and was of unsound minci and. in· conseaueilce.
he
wa~ incaoablc of making his defence. On receiving the reoort of Dr.
576
SUPREME COURT REPORTS
[ 197 5] 3 s.c.R.
Chandorkar, the Special Medical Board also examined and
interviewed the accused on five occasions. Their conclusion, as communicated to the Hil,lh Court, was :
"(I) Sindhi Dalwai alias Raman Raghav
(Prisoner)
is of unsound mind. He is suffering from a psychosis called
chronic paranoid schizonphrenia or paraphrenia, the latiler
being nn old krm for chronic paranoid schizophrenia plus
auditory hallucinations. He is dangerous to the society and
hence certifiably insane.
(2) Sindhi knew the nature of the act i.e. he knew that
h~ was killini: human beings.
( 3 J He did know that what he did was
wrong and
contrary to the law of the land but he firmly believed that
what he was doing was right and in tune with the law of
"kanoon"'' whose law according to him was obligatory for
him to follow.
( 4) There is such a degree of unsoundness
of mind
1-.2suiling in such a degree of defect of reason that he is
in~apable of co-operating with and instructing his defence
counsel in the conduct of the trial and court proceedings and
he is incapable of making his defence in the proceedings
before the High Court. The reasons for this incapability an: :
(a) Complete lack of insight into his ill!less;
(b) firm and unshakable delusions that only the law of
"Kanoon" matters and the law of this world does
not apply to him and hence his inability to participate
in the court proceedings;
( c) his comple•e 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 of rational
thinkin~ and behaviour."
After examining Dr. Marfatia, the Chairman of the Board
and
Dr. Chandorkar, the Men1al
Sp~cialist, as court witnesses, the High
~rt~:
.
"Tbe prisoner is clearly of unsound mind and in conseiquence thereof he is unable to make his defence. Therefore
proceeclin~s in the confirmation case will have to be postponed and in the meantime it will be necessary to direct that
the State Government do detain the prisoner in safe custody
in Ycravda Central Prison.''
It is against this order. dated 3-7-1970, that the State has come
in aryp~aJ before this Court.
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MAHARASHTRA v. SINDHI (Sarkaria, J.)
577
Mr. Patel. learned Counsel for the appellant, assails the order
of the High Court, postponitlg the proceedin~s under s. 465 Criminal
Procedure Code, on these grounds :
(i) The operation of s. 465, is, in terms, confirmed to
the trial stage. The section does not apply to pro·
ceedings before the High Court, on refe1:ence under
s. 374, as the same are post-trial proceedmg:;;
(ii) The question as to whether the accused person has
th~ mental capacity to defend himself or not, arises
only at the pre-conviction stage before the Comm1 ttal Court or the trial court, because it is
only
at that stage the accused person has a right to be
heard and lead evidence in defence. But in proceedings on referen.ce under s. 374, the accused person
has no right of audience before the High Court, not
even where the High Court directs a further enquiry
or the taking of additional evidence under s. 375,
rtor where any appeal of the accused filed through
the .iailor under s. 420, comes up for hearing along
with the reference. It is another matter that the High
Court has the power, even in such proceedings to
hear the accused. For this argument support
has
been sought from certain observations of Madgaonkar A.J.C. in G,ul v. Emperor(l).
In this connection, learned Counsel has pointed out that at the
commencement .of the trial before the Court of Session, also, a question was raised Z.:'i to the mental capacity of the accused and thereupon, the trial Judge after making .a due enquiry in accordance with
the provision~ of s. 465, recorded a clear-cut finding that the accused
was then of sound mind and capable of understanding the
nature
of the proceedings and making a defence. This finding of the trial
Judge. it is, s•resscd, was not assailed before the Hi!!h Court. and still
stands unchallenged.
-
Learned Counsel <1lso tried to disinguish the
decision · of
this
Court in Vivian Rodrick v. Sto,te of West Benga/(2) on the gr·ound
that in that case the convict had preferred an appeal
against
the
order of his conviction, and, consequently, the observations of
this
Court in regard to the aryplicability of s. 465 Cr. P.C. to proceedings
in reference <'re merely obiter. In the al'ernative, it is submitted that
those observations need reconsid~ration in the light of the arguments
now advanced before us.
·
..
Section 465 of the Code of Criminal Procedure 1898 ruris thus :
'
.
'
" (I) If any person committed for trial before a Court of
Sessiol'l or a High Court appears to the Court at his
trial to be of unsound mind and consequently in______
c~pable of making his defence, the jury,
or
the
(I) AIR 19cl Sird 84.
(2) fl 9691 3 S.C.C.176
578
SUPREME COURT REPORTS
(1975] 3 S.C.R.
Court shall, in the first instance, try the fact of such
unsoundness and incapacity, and if the jury or Court,
as the case may be, is satisfied of the fact, the Judgr~
shall record a finding to that effect and shall postpone further proceedings in the case and the jury,
if any, shall be discharged.
(2) The trial of the fact of the unsoundness of mind and
incapacity of tht accused sh~IX be deemed to be
part of his trial before the C':)Urt."
"
I
It will be seen that s. 465, in terms /elates to unsoundney;s of
accused's mind and his consequent inc~pacity to make .defeii1:e, at
the time of trial only. The question therefore is : Does the trial on
a mur<ler charge end with the conviction and
pronouncement of
:death sentence on the accused by the Court of Session ? Or, docs it
continue till the reference under s. 374, is disposed of by the High
Court ? Answer to this question was given by this Court, sp<:aking
through Govinda Menon J., as far back as 1956 in Jumman and ors.
v. State of Punjab(') in a telling passage thus :
' "It is clear from a perusal of these provisions (ss. 374,
375, 376 and 377, Cr. P.C.) that in such circumstances
the entire case is before the High Court and. in fact it is a
colllinuation of the 1rial of the
accused
on
the
same
evidence and any additional evidence and that is why the
High Conrt is given power to take fresh evidence if it so
desires. . . . . . . . . . but there is a difference when a refe··
rence is made under s. 374, Criminal Procedure Code, and
when disposing of an appeal under s. 423, Criminal Pro-·
cedure Code, and rhat is that lhe High Court has to satisfy
itself as to whether a case beyond reasonable
doubt has
b~en made out against the accused persons for the infliction
of the penalty of death. In fact the~ proceedings before the
High Court are a reappraisal and the reassessment of the
entire facts and Jaw in order that the High Court should be
satisfied on the materials about the guilt or innocence of
the accused persons. Such beinl! the case, it is the duty of
the High Court to consider the proceedings in
all their
asvects and come to independent conclusion on the mate-.
rials. apart from the view expressed by the Sessions Judge."
(emphasis supplied)
The same position was reiterated with emphasis by this Court
i11 Surjit Singh and anr. v. State of Punjaib(2).
Even in Gui v. Em?eror (supra), cited by Mr.
Patel,
Madgonkar A. J. C. exoressed himself in a similar strain. What he said
more than half a century back still retains its freshness and relevance,
·and may be extracted :
--------
(!) AIR 1957 S.C. 469.
(2) Criminal Ap!)~1\ No. 77 of 1968 decided on 15-10-1968
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MAHARASHTRA v. SINDHI (Sarkatia, !.)
579
"The worth and· sanctity of human life are ·a test and
mark of civilised societies and are increasingly refl~ted in 1
the criminal jurisprudence of E'ngland and of India. ·· In
India, the Legislature has provided in confirmation pr0ceedings a final safeguard . . . . . . . . . . "This may perhaps
increase our responsibilities and add to our labours; but no
one would shirk the one or grudge the other" even in ll
cas~ where the liberty, much more where the life, of the \
subject is concerned.
This duty of judgment is, however
laid i111 the first insta,nce upon the
Jury a:id the Trial
Judge ........ But equally and with all this weight, this
Court in confirmation must finally weigh for
itself
the
whole evidence i111 ,the light of all the arguments and confirm or otherwise according to its own final conclusion on
the guilt or innocence of the sentenced person in the disch2rge of the duty laid upon it by law."
From the above conspectus, it emerges· clear that so far as an
-accused person sentenced to death is concerned, his trial does not
conclude with the· termination of the proceedings in the Court of
Seasion.
The reason is that the death sentence passed by the COurt
of Ses:;ion is subject to confirmation by the High Court.
A trial
cannot be deemed to have concluded till an executable sentence is
passed by the competent court.
Viewed from that stand-point, the
confinnR1tion proceedings under ss. ,374, 375_ and
376,
Chaptec
XXVII of the Code of 1898, are, in substance, a continuation of
the trial.
Nor is 'it correct to say that in such confirmation proceedings
the High Court can arbitrarily refuse Jo hear the accused either in
person or through Counsel or other agent.
In Vivian Rodrick's case (supra), the appellant was convicted
under s. 302, Penal Code by the Court of Session and sentenced tci
death.
The Sessions Judge made a reference under
s.
374 for
confirmation of the death sentence.
The convict appealed against
the order of his conviction and sentence.
The High Court dismissed the appeal, accepted the reference and confirmed the conviction
and the sentence. In an appeal by special leave brought before this
Court, it was inter alia contended that the proceedings taken in the
appeal before the High Court were void· for non-compliance of s.
465.
What this court said in
repelling
that contention,
beirtg
equally applicable to what has been canvassed before us on behalf
of the appellant. may usefully be extracted :
"We are of the view that it is not n~ssary for us,
in this case. to exoress any ooinion on the rm!icabi!i•v. or
otherwise, of the provisions of s. 465, Cr. P. . to appeals.
For, on the facts of the case. we are inclihed to acceot
the alternative ·con'ention of Mr. Rana that in the face of
the medical evidence and in view of the
fact
that
the
sso
SUPREME COURT REPORTS
[1975) 3 S.C.R.
appellant was contestili.g his convi~tion. for murder and the
sentenc<: of death imposed on him, 1t would have bee:n
prop.::r 1f tne u1v1sion ne1wh whi·cn h~ard his ~ppeal had
postponed the hearing of the appeal t~ll such ttme as the ..
appe1lant was aeclared nt to c011t.::;t ms appeal· · ..... .
Whatever may be the legal position regarding t~e ~pplicat bility of s. 465 Cr. P.C. to appeals, we are not mclmed ~o
agree with toe propos1tton
enunciate.d
by
th.e
l~arn1:.~
Judges that there is no bar to hearing ~nd d1sposrng of
an <1ppeal, even if the accused-appellant 1s
of
unsom~d
mind or even insane at the time
when
the
appeal
1s
taken i1p for hearing ...... in our. opinion, when t?c r~-
port is that an accused appell~nt . JS of unsound n:md, ~t
is reasonable to infer that he JS mcapablc of makmg lns
dcfcn:e
The C<.rnrt. i:1 the circurnstrnces
is
bound
to
afford him the same' protection to which he would be entitled
h~1d he been of unsound mind at the time of the
trial.''
In the present case no appeal was filed by the prisoner bef?re
the High Court.
It is therefore unnecessary for us
to
examme
whcthe~ the provisions of s. 465, in terms, or, in principle, apply,
to an appeal by ·the condemned prisoner before the High Court.
'.3uftke it to say that the expression "at his trial" occurring in s. 465
ktas to be liberally construed in a malll11er which is not repugnant
to the fundamental principle of natural justice conveyed
bv
the
maxim audi alteram partem, audiatur et altera pars.
\
In the light of what has been said above we negative the legal
con1cntions raised by the appellant-State.
· The next contention of Mr. Patel is that the High Court left
the decision of both the points, viz., ( 1) whether the accused was
of unsound mind and (2) whether in consequence he was incapable
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ef m,king his defence, almost entirely to the Medical Board. Such
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delegation which gives the proceeding the colour of trial by Doctors
is n~t permissible under the law.
Reference on this point has been
:eiade to R. v. Pondole(1).
On merits also, it is
maintained, the
findings on the aforesaid issues, are wrong. as the
accused
fully
:k'nllw that he had been tried and sentenced to death for the murdei'~ 611 ouestion..
Ern111i~~is has been laid on the fact
that
the
aecused had on 18-12-1969 expressed in writing through Jailor, his
G
desire· to be present in the High Court at the time of the hearing
of -his case.
Counsel h~s referre:d extensivelv to the statements of
Doctor Chandorkar an~ . Dr. Marfatia and contended that everything
abo~t the mental cond1t1on of the accused even according to these
111ed1cal ~xperts was normal excepting that he was suffering from
the delu_s.10n that he had been ordained bv some higher "Kanoon"
to co!Il~Jt these murders.
According to Mr. Patel, insanity judge:d
H
by cltrncal standards is different from insanity determined by legal
(1) [1959] All E.R. 418.
c
MAHARASHTRA v. S!NDHr (Sarkaria, J.)
581
,
standards.
It is ur&ed that since the accused fully knew the nature
of the. criminal acts he had committed and the proceeding against
him, it could not be said that he was incapable
of
makirig nis
defence.
It is true that the High Court had by its order dated 14-1-1970,
referred both the issues in rc:gard to the mental
cap<1city
of the
accused to the Medical Board, and has given due weight to their
opinion.
But it is not correct to say that the High Court accepted
the ipse dixit of the medical experts.
It examined Dr. Marfatia
and Dr. Chandorkar as court w1tn~sses. These experts gave detailed
and cogeillt reasons in support of their opinion.
The High Court
meticulously com;idered their evidence and thereafter recorded
it~
own findings on the crucial issues.
We nave ourselves examined
.. the evidence rendered by these two mental experts in .the
High·
Court.
We are satisfied that the conclusion; arrived at by the High
Court' in regard to the mental capacity of the accused on the ba!is
of this evidence is correct.
In the result, the appeal fails and is dismissed.
P.H.P
Appeal dismissed:
\