NARAYANRAO MADHAORAO DATARAO Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE applicants are nine out of ten accused who are standing their trial before the Sessions Judge, Amravati, in Sessions Trial No. 6 of 1967. By this revision application, the applicants challenge the correctness of the order of the Sessions Judge, Amravati, passed on October 17, 1967, directing postponement of the whole trial of all the accused awaiting report of the Government under Section 466 of the Criminal Procedure Code because one of the accused, namely accused No, 2 Purushottam, was reported to be of unsound mind.

(2.) THE applicants along with original accused No. 2 Purushottam, were committed to stand trial on the charge of having caused the death Of one Motiramji Kadam and his son Dadarao 011 October 18, 1966, in Rajapeth locality of Amravati town.

(3.) WHEN the trial was resumed on October 4, 1967, Mr. Sapre and Dr. Deshpande were examined in Court to find out the mental condition of accused No, 2 Purushottam. The learned Judge made a note on that date to be found on record page 74 of the Sessions record, stating that certain questions were put to the accused Purushottam. Though the accused Purushottam was able to answer some questions correctly and recognise people, he suddenly became irrelevant. The learned Judge, therefore, directed that accused Purushottam be kept under observation for a further period of 10 days in the Mental Hospital at Nagpur and the trial be adjourned to the next date fixed for hearing which would be communicated later awaiting the report of the Superintendent, Mental Hospital, Nagpur.