UJAGAR SINGH GANDA SINGH Vs. STATE

JUDGEMENT

(1.) UJAGAR Singh appellant aged 27 has been convicted under S. 302, Penal Code & sentenced to transportation for life. The learned trial Judge while rejecting the plea that the case was covered by S. 84, Penal Code holds that 'the accused is suffering from fits of insanity' and has, therefore, made a recommendation to the Local Government to commute the sentence to one of five years simple imprisonment and to remove the accused to some mental hospital. The convict has appealed.

(2.) THAT Ujagar Singh killed his uncle Kundha Singh by a single stroke of spear at his neck on 11 -6 -1951 is not only amply established by the evidence of his own brothers Pillu and Magher Singh (P.Ws. 7 and 12) and his uncle Karnail Singh (P.W. 6) but was not disputed at the trial and is not contested before us either. The accused was caught at the spot with the blood stained weapon of offence in his hand and detained till the arrival of police. The blood on the spear was found to be human by the Serologist. The question that is agitated and falls for decision is whether the appellant at the time when the offence was committed, by reason of unsoundness of mind, was incapable of knowing the nature of his act or that he was doing what was either wrong or contrary to law.

(3.) THE earliest medical examination of the accused, so far as we can know from the judicial record, was conducted by Dr. P.L. Bedi, Civil Surgeon Bhatinda. The doctor kept the appellant under observation from 1 -8 -1951 to 25 -8 -51. Examined as a prosecution witness before the committing Magistrate on 31 -8 -51 he stated that the accused had a deranged brain for which he was being medically treated in jail and that he was not fit to make his defence. The case was, therefore, adjourned. The inquiry proceedings were started on 1 -11 -51 when the doctor reported and also made a statement that the accused had greatly improved and become fit to make his defence. For the purposes of an inquiry under S. 465, Criminal P.C. the accused was placed under the observation of Dr. Sood, Civil Surgeon, Bhatinda from 19th March to 17th April, 1952. During this period the accused was found to be 'free from any congenital or sexual defect' and the doctor opined that he was fit to make his defence.