Summary:
AHMEDABAD: In an unusual case, the Gujarat high court on Wednesday cancelled the death penalty awarded to a man for hacking to death his parents and three-year-old-daughter, and ordered a re-trial after proper verification of whether he is sane.The high court ordered a fresh trial after noticing that the trial court did not take into consideration the accused’s insanity. It went ahead with the trial and awarded the death penalty after convicting him. The law stipulates that a trial cannot be conducted against a person of unsound mind because he cannot defend himself. The trial court did not follow the procedure mandated by Section 329 of the CrPC, to ensure that the accused is of sound mind amd can defend himself. During the trial, the accused, Nagjiji Thakor was being treated for bipolar disorder, a serious mental illness..