Awarded To Sanjay Singh vs State Of Uttarakhand on 4 August, 2026

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    Uttarakhand High Court

    Awarded To Sanjay Singh vs State Of Uttarakhand on 4 August, 2026

    Author: Ravindra Maithani

    Bench: Ravindra Maithani

                                                   UKHC010036772026
    
    
    
    
    HIGH COURT OF UTTARAKHAND AT NAINITAL
                          Reference No. 01 of 2026
    
    
      In the Matter of Capital Punishment
      Awarded to Sanjay Singh                                        --Appellant
    
    
                                      Versus
      State of Uttarakhand
                                                                   --Respondent
      Presence:-
      Mr. Arvind Vashistha, Amicus Curiae assisted by Mr. Prateek Tripathi and
      Mr. Priyanshu Gairola, Advocate for the appellant.
    
      Mr. J.S. Virk, Additional Advocate General assisted by Mr. Sunil Upadhyaya,
      Brief Holder for the State.
    
    
                                   With
                      Criminal Appeal No. 224 of 2026
    
    
      Sanjay Singh                                                   --Appellant
    
    
                                      Versus
      State of Uttarakhand
                                                                   --Respondent
      Presence:-
      Ms. Neelima Mishra Joshi, Amicus Curiae for the appellant.
    
      Mr. J.S. Virk, Additional Advocate General assisted by Mr. Sunil Upadhyaya,
      Brief Holder for the State.
    
    
    Coram:       Hon'ble Ravindra Maithani, J.
    

    Hon’ble Siddhartha Sah, J.

    Hon’ble Ravindra Maithani, J. (Oral)

    SPONSORED

    This is second round when the appeal has come to this

    Court. Earlier, by judgment and order dated 21.08.2021, passed in

    Sessions Trial No. 02 of 2015, State v. Sanjay Singh, by the court

    of Additional District & Sessions Judge, Tehri Garhwal, New Tehri,

    the appellant was convicted and sentenced to death. It is the

    charge upon the appellant that on 13.12.2014, between 10-10:30

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    UKHC010036772026

    a.m., he committed murder of his real brother Surendra Singh, his

    mother Meena Devi and sister-in-law Smt. Kanta Devi.

    2. Against that conviction, Criminal Appeal No. 441 of

    2021, Sanjay Singh v. State, was preferred and, at the same time,

    for confirmation of death sentence, Reference No. 02 of 2021, In

    the matter of Capital Punishment awarded to Sanjay Singh v. State

    was also received in this Court, which were decided by a common

    judgment and order dated 10.05.2022, wherein the judgment and

    order dated 21.08.2021 convicting and sentencing the appellant

    was set aside. In fact, the Court had noted that in the trial of the

    appellant, the provisions of Section 329 of the Code of Criminal

    Procedure, 1973 (“the Code”) read with Section 105 of the Mental

    Healthcare Act, 2017 have not been complied with. In fact, in para

    17 of the judgment dated 10.05.2022, in the last four lines, the

    Court observed “….As the learned Trial Judge has not followed

    the procedure prescribed, the entire trial is vitiated, and

    hence, the appeal has to be allowed”.

    3. After remand, after medical examination of the

    appellant, the charges were framed afresh and based on the earlier

    examination-in-chief, the witnesses were cross-examined. Again,

    the appellant has been convicted and sentenced.

    4. At this stage, much of the discussion of the fact is not

    required to be made. Suffice it to say that after the incident of

    13.12.2014, when the appellant was produced before the

    Magistrate on 14.12.2014, he was also examined by Mahesh

    Kumar Khetan, Medical Officer, District Hospital, Buarari, Tehri

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    Garhwal. He opined then that “This person is physically fit but

    mental illness may be present, so referred to medical

    psychologist for evaluation of his illness”.

    5. There have been multiple reports on record, which

    suggest that during the pendency of the trial and even thereafter,

    the appellant was still under treatment for his mental illness. Not

    only this, even after first round of remand by this Court, on

    07.06.2024, a report from Department of Psychiatry, All India

    Institute of Medical Sciences, Rishikesh, Uttarakhand (“the AIIMS,

    Rishikesh”) was received in the trial court, which records as

    follows:

    “(i) The patient is suffering from Schizophrenia – currently in
    partial remission. After starting Tablet Risperidone 8 mg/d
    in divided doses.

    (ii) The patient requires continued treatment and regular follow-

    ups.

    (iii) At present, the patient appears fit to stand trial.”

    6. In fact, this report of 07.06.2024 of the of the AIIMS,

    Rishikesh has another background behind it.

    7. After remand of the case in the first round, after

    framing of the charges and after cross-examinations of the

    witnesses already examined, on 12.04.2024, the trial court

    proceeded to examine the appellant under Section 313 of the Code.

    But, in the proceeding of that date, the court had recorded that the

    appellant was not answering any question, therefore, his statement

    under Section 313 of the Code could not be recorded. Thereafter,

    the appellant was referred to the AIIMS, Rishikesh to assess his

    mental condition and the report dated 07.06.2024 was received.

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    UKHC010036772026

    8. On multiple occasions, in the notesheet of the trial

    court, the court has recorded that the appellant was not giving any

    answer to any question that was asked to him under Section 313

    of the Code. It continued and suddenly on 11.12.2024, the trial

    court recorded that since the appellant is not answering any

    question asked to him, it means that he has nothing to say and,

    accordingly, the examination under Section 313 of the Code was

    concluded. Arguments were heard and the judgment delivered.

    9. There is immense material to assess the mental

    condition of the appellant during the course of trial and even

    before that, before framing of charge. As stated, for the first time

    on 14.12.2024, the appellant was examined in the District

    Hospital, Buarari, Tehri Garhwal.

    10. What is the condition of the appellant now? He was

    suffering with Schizophrenia on 07.06.2024. The appellant did not

    answer to any question asked to him under Section 313 of the

    Code. Was it because of his mental illness? If so, this examination

    under Section 313 of the Code loses its significance. In fact, its

    relevancy is also lost in such a situation.

    11. After hearing the parties, we are of the considered view

    that before proceeding further, a thorough investigation and report

    with regard to mental condition of the appellant should be placed

    before this Court.

    12. Therefore, this Court requests the Director, AIIMS,

    Rishikesh to get the appellant admitted, on his production in the

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    AIIMS, Rishikesh and get all the observation/investigation, etc. of

    the appellant as per the protocol that is required before

    ascertaining the mental condition of a person. After thorough

    examination, investigation, etc., the Court requests the Director,

    AIIMS, Rishikesh, to place the report before this Court, before

    07.09.2026.

    13. The Court directs the Superintendent of Jail

    concerned, where the appellant is confined to produce the

    appellant without delay before the Director, AIIMS, Rishikesh. The

    Court requests the learned State Counsel to communicate this

    order to the authorities concerned immediately.

    14. List on 07.09.2026.

    15. Let a copy of this order be also forwarded to the

    Director, AIIMS, Rishikesh.

    (Siddhartha Sah, J.) (Ravindra Maithani, J.)
    04.08.2026 04.08.2026
    Avneet/

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