STATE OF HIMACHAL PRADESH Vs. DEWAN CHAND

JUDGEMENT

(1.) "Whether reference under Section 395(2) of the Code of Criminal Procedure, 1973, is maintainable", is the sole question to be determined by this Court.

(2.) Shortly stated, the facts leading to the case in hand are that Dewan Chand accused faced trial under Section 302 of Indian Penal Code. Plea of insanity was raised. Learned Addl. Sessions Judge, initiated inquiry under Section 329 of the Code of Criminal Procedure and ultimately found the accused to be mentally fit and not incapacitated to make his defence vide order dated September 28, 1992.

(3.) Feeling aggrieved thereby, he successfully assailed the said order before this Court through Criminal Revision No. 97 of 1992, which was disposed of in the following terms: