YOGESH KUMAR Vs. STATE

JUDGEMENT

(1.) It all started with an application u/Ss 328/329 of the Criminal Procedure Code . that the accused Yogesh Kumar was of unsound mind thus incapable of making his defence. It was claimed that he had already been examined by a Medical Board of the Hospital for Mental Diseases, Shahdara and declared as a person of unsound mind.

(2.) By an order of this court dated 15.4.88 it was directed that the report of the Board be taken on record and the Chairman of the Board be examined. Consequent thereupon, the report was taken on record and Chairman was examined. Unfortunately for the petitioner. the Report of the Board did not find favour with the M.M. who rejected the same as "not tenable".

(3.) Aggrieved by the order of MM, a criminal revision was preferred. It was dismissed by a Additional Sessions Judge. Hence this petition.