Nainital, Jul 1 While hearing a matter concerning a death sentence awarded by a lower court in a 12-year-old case, the Uttarakhand High Court directed the state government to examine the records and clarify whether the accused was suffering from any serious mental illness at the time of the crime.
A division bench comprising Justice Ravindra Maithani and Justice Siddharth Sah has also asked the state government to clarify whether any relevant aspects were overlooked while awarding the death penalty.
The court has scheduled the next hearing for July 21.
The lower court had sentenced a man to death for brutally murdering his mother, elder brother, and pregnant sister-in-law with a sword.
The High Court had earlier remanded the case back to the lower court for reconsideration of the accused's mental state.
After a fresh hearing, the lower court upheld the death penalty, observing that the accused was mentally sound at the time of the incident and there was no basis to alter the previous order.
According to the prosecution, Sanjay Singh, a resident of Gumal village in Tehri Garhwal district, murdered his mother, elder brother, and pregnant sister-in-law with a sword on December 13, 2014, following a minor dispute. An FIR in this regard was lodged by his father, Ram Singh Panwar.
In August 2021, the Additional District and Sessions Court sentenced Sanjay to death, after which he challenged the decision in the High Court on the grounds that his mental illness was not properly considered.
The High Court appointed senior advocate Arvind Vashisht as amicus curiae to represent the accused. The amicus curiae stated that the death row convict's mental condition was not sound.
He cited a medical board report which stated that the accused was suffering from mental illness and was unable to understand the consequences of his actions at the time, although his condition was treatable.
It was argued that despite this medical opinion, the lower court ignored the evidence and awarded the death penalty.
