KRISHNAN Vs. STATE OF KERALA

JUDGEMENT

(1.) THE accused in two sessions cases, convicted under s. 302 Indian Penal Code and undergoing imprisonment for life, are the appellants in these criminal appeals. THEse appeals filed by the accused were forwarded to this Court by the Superintendent, Central Prison, Trivandrum . THE court has appointed counsel on State Brief to argue the appeals. But, when the cases were taken up for hearing, it has been brought to our notice that the superintendent, Mental Hospital, Trivandrum has reported that the appellants are insane. THE question is whether the appeals can be heard or the appeals are to be adjourned to be taken up for hearing after the accused appellants cease to be insane.

(2.) S. 328 of the Code of Criminal Procedure 1973 insists that the court trying a case in which the accused is a person of unsound mind and hence incapable of making his defence, should postpone further proceedings in the case. But no such specific provision is there in Chapter XXIX of the code which governs appeals. Then the question is that simply because there is no provision can an appeal filed by an accused be heard and disposed of, if at the time of hearing he is insane, even if there is a counsel to argue his appeal. A counsel has to take instructions from his client. This is not possible when his client is insane. Not only questions of law but questions of fact also will have to be dealt with by the counsel in his arguments to substantiate the case of the appellant. The accused being insane, the counsel will be deprived of the opportunity of being instructed by them. The net result will be that the accused appellants will not get an effective opportunity of being heard if the court hears and disposes of the appeals when they continue to be insane. This is nothing but a denial of natural justice which cannot be done. So, the court has no other go but to postpone the appeals to be heard after the appellants cease to be insane.