Murder Accused Unfit for Trial After 30 Years: Rajasthan HC Upholds Release on Dementia Finding
Rajasthan High Court dismisses victim's challenge to release of an 80-year-old murder accused, holding that a Medical Board's unanimous dementia finding made waiting for charge-framing an empty formality.
Justice Anoop Kumar Dhand, sitting singly at the Jaipur Bench of the High Court of Judicature for Rajasthan, on 13 May 2026 dismissed a criminal miscellaneous petition filed by the victim challenging the release of Puran Singh, an 80-year-old man accused of murder under FIR No. 40/1994. The Trial Court had released Puran Singh under Section 329 of the Code of Criminal Procedure and handed his custody to his biological son after a Medical Board found him to be suffering from severe dementia. The High Court, after directing a fresh and more rigorous examination at SMS Medical College, Jaipur, found the Medical Board's unanimous opinion conclusive: Puran Singh is cognitively incapable of understanding or participating in trial proceedings, and the possibility of improvement is very bleak. The petition was disposed of with structured annual review directions.
A Murder FIR from 1994, an Arrest in 2024
FIR No. 40/1994 was registered at Police Station Kolari, District Dholpur, alleging that Puran Singh had committed murder. After the FIR was registered, Puran Singh remained absconding for a considerable period. A chargesheet under Section 299 of the Code of Criminal Procedure was submitted against him in his absence.
Almost 30 years after the FIR, Puran Singh was arrested on 24 January 2024. The petitioner — Sonu Ram Pachauri, the victim in the case — contended that at the time of arrest, Puran Singh's mental condition was fit and he was not suffering from any mental disorder.
Shortly after the arrest, Puran Singh's biological son, Ved Prakash Tyagi, filed an application under Section 329 of the Code of Criminal Procedure before the Additional Sessions Judge, Dholpur, in Sessions Trial No. 34/2024. The application stated that Puran Singh was suffering from dementia and was not in a position to understand the trial proceedings or submit his defence. The son sought his father's release into his own custody.
The Additional Sessions Judge allowed the application on 5 December 2024, released Puran Singh, directed the son to look after him, and required a mental fitness certificate to be submitted before the Trial Court every six months. It was this order that the victim challenged before the High Court.
The Victim's Challenge: Application Was Premature
Counsel for the petitioner, Mr. Nirmal Kumar Sharma, raised a pointed procedural objection. He argued that an application under Section 329 of the Code of Criminal Procedure can only be filed once the trial commences, and that the trial had not yet commenced because no charges had been framed against Puran Singh. On that basis, he submitted that the application by the accused's son was premature and not maintainable, and the Trial Court should not have entertained it.
In support of this argument, counsel placed reliance on a judgment of the High Court of Jammu and Kashmir and Ladakh at Jammu in Johar Mehmood v. U.T. of Jammu and Kashmir and Ors., reported in 2025 SCC OnLine J&K 253.
The State, through Public Prosecutor Mr. Jitendra Singh Rathore, and counsel for the accused-respondent opposed the petition.
The First Medical Board Report and Its Deficiency
When the matter was listed on 8 December 2025, the High Court noted that a Medical Board had already been constituted by the Trial Court at District Hospital, Dholpur. That Board, examining Puran Singh on 1 April 2024, had found him to be suffering from “Severe Dementia with Behaviour problems leading to severe cognitive impairment.”
The High Court found this report insufficient. The report did not specifically address whether Puran Singh was unfit to understand the proceedings of the trial pending against him. The Court observed that unless a specific opinion on that question is given by a Medical Board, the matter cannot proceed further against the accused in accordance with law.
The Court therefore directed the Superintendent of SMS Medical College and Hospital, Jaipur to constitute a fresh Medical Board under Section 329 of the Code of Criminal Procedure, comprising the Head of the Psychiatry Unit and a Faculty Member of Psychiatry. The Board was directed to examine Puran Singh and report specifically on whether he was mentally fit to understand and participate in the court proceedings. The Public Prosecutor was directed to instruct the concerned Investigating Officer to produce the accused before the Medical Board on 18 December 2025.
The SMS Hospital Medical Board's Unanimous Finding
In pursuance of the interim order, a four-member Medical Board was constituted at the Psychiatric Centre, Jaipur, comprising the Senior Professor and Unit Head of the Department of Psychiatry at SMS Medical College as Chairman, a Professor from the Psychiatry Department, a Senior Specialist from the Psychiatry Department, and a Clinical Psychologist as Members.
Puran Singh was admitted on 18 December 2025 and discharged on 2 January 2026. The Board conducted serial and detailed Mental Status Examinations, observed his behaviour in the ward, obtained neurological and geriatric psychiatrist opinions, and reviewed clinical psychologist evaluations. The Board's report, dated 18 December 2025, recorded a unanimous opinion:
The Board found that Puran Singh has dementia with BPSD (Behavioral and Psychological Symptoms of Dementia). “Owing to the cognitive impairment he is unable to understand and participate in the court proceedings.” The Board further noted that “considering the progressive nature of the disorder possibility of improvement in his condition near future is very bleak.”
The High Court, on perusing this report, found it clear and specific on the very question the earlier Dholpur Board had left unanswered.
Why the Premature-Application Argument Did Not Survive
Justice Dhand addressed the petitioner's core procedural objection directly. The Court held that once it is established on record, through a Medical Board opinion, that the accused is mentally unfit to face trial on account of the disease suffered by him, then waiting for the trial to reach the stage of framing of charge would only be an empty formality.
The Court found no substance in the argument that the application was premature. The mental incapacity had been conclusively established. Insisting on charge-framing before acting on that finding would serve no purpose and would be inconsistent with the right to a fair trial guaranteed under Article 21 of the Constitution of India.
The Court also set out the governing legal framework. Section 329 of the Code of Criminal Procedure requires that if, at the trial of any person before a Magistrate or Court of Session, it appears that such person is of unsound mind and consequently incapable of making his defence, the Court shall first try the fact of such unsoundness and incapacity. If satisfied, it shall record a finding and postpone further proceedings. Under the amended provisions, the Court must refer the accused to a psychiatrist or clinical psychologist, and a Medical Board — comprising the head of the psychiatry unit of the nearest government hospital and a faculty member in psychiatry from the nearest medical college — must report on the accused's condition. Where a prima facie case exists but the accused is found incapable of entering a defence, the trial is to be postponed for the period required for treatment.
Directions for Annual Review
The High Court found no error in the impugned order of the Additional Sessions Judge, Dholpur. It confirmed that Puran Singh is to remain released and in the custody of his biological son, Ved Prakash Tyagi.
However, the Court put in place a structured annual review mechanism. The Trial Court was directed to notify the Secretary, District Legal Services Authority, Dholpur to ensure that Puran Singh is produced before the Medical Board at SMS Hospital, Jaipur every year in the second week of December for examination of his mental fitness to face trial. The Medical Board's report is to be sent to the Trial Court in a timely manner each year.
The Court further directed that if the Medical Board at any point opines that Puran Singh's mental condition has improved to the point where he can understand the court proceedings, that report shall be placed before the Trial Court. If the Trial Court then concludes that Puran Singh is of sound mind and capable of facing trial, it shall pass appropriate orders for resumption of proceedings under Section 331 of the Code of Criminal Procedure, and the trial shall be concluded in accordance with law.
Order
S.B. Criminal Miscellaneous (Petition) No. 975/2025 was disposed of on 13 May 2026. The impugned order dated 5 December 2024 of the Additional Sessions Judge, Dholpur was upheld. Puran Singh remains released in the custody of his son. The stay application and all pending applications were also disposed of. The Trial Court is to implement the annual SMS Hospital Medical Board review mechanism through the District Legal Services Authority, Dholpur.