K.T. Thomas and; R.P. Sethi, JJ.
1. In this case appellant Durga Domar is alleged to have killed five persons, all of them children (including a two-and-a-half-year-old female child and a five-year-old male child) in a very ferocious manner. All the children are said to be his close relatives. From the description of the narration we did not come across any motive for the massacre. The mental condition of the appellant has not been considered at any stage of the case — whether he was afflicted by any schizophrenic paranoia — or any other mental illness. Looking at the conspectus of the facts of the case we have a feeling that we should first exercise our mind on the question whether the accused was mentally sound or not at the relevant time. He had no counsel of his own in the trial court. Even after his conviction and sentence of death, he could not engage a counsel in the High Court of his own. The High Court appointed an advocate on State brief. Hence he, perhaps, had no occasion to communicate to his counsel and consequently the counsel who had defended the case would not have had any occasion to ascertain the mental disposition of the accused either at the relevant time or during the succeeding periods. As this is a case where he is sentenced to death our judicial conscience compels us to get a medical report regarding his mental condition.
2. We are told that a medical college is situate at Jabalpur. We direct the Head of the Department of Psychiatry (or by any other name it is known) of the Government Medical College at Jabalpur to keep the accused in the hospital under observation for such period as he finds necessary for forming the opinion. We also direct him to associate other senior doctors of his Department (the number which he can fix), to examine him thoroughly, with reference to his past history, genetic loading and other necessary factors. This is for the purpose of reporting to this Court through the Registrar of the High Court of Madhya Pradesh at Jabalpur regarding the possibility/probability of the accused having been under the spell of any mental illness during the time when the murders were committed. The report shall reach this Court within two months. If no final opinion could be formed by this time a provisional report shall be prepared and forwarded to this Court through the Registrar of the High Court of Madhya Pradesh at Jabalpur.
3. A copy of this proceeding will be sent to the Registrar-General of the High Court of Madhya Pradesh who shall forward the copies therefrom to the doctor/doctors who are to undertake the exercise mentioned above. The Registrar is also directed to take such steps as are necessary for security purposes during the examinations/observation of the accused.
4. List after two months.