LATUR LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) LATUR Lal was tried by the court of Additional Sessions Judge (Fast Track) No.1, Kota. The said court vide impugned judgment dated 18.12.2006 held the appellant Latur Lal, guilty of offence under Section 302 IPC for committing murder of Nand Kishore, husband of Mor Bai (P.W.1). Having convicted the appellant for the said offence, the trial Judge vide a separate order of even date, sentenced the appellant to undergo life imprisonment, and to pay a fine of Rs. 500/ -, in default of payment of fine, to further undergo one month's R.I.

(2.) BEFORE commencement of trial, Rukmani Bai, the wife of the appellant, appeared as A.W.1. She stated that she was married with the appellant 25 years ago and she is mother of three daughters and one son. Latur Lal is her husband and for the last 4 -5 years, he was not keeping a good mental health.

(3.) DR . M.L. Agrawal (A.W.2) was examined to say that the appellant is a patient of Schizophrenia and thus, is not able to understand the evidence led against him during the trial. The provisions of Section 328 Cr.P.C. were invoked. On 9.1.2006, the trial court constituted a Medical Board to examine the appellant. The trial court passed a detailed order on 10.3.2006 holding that the report of the Medical Board consisting of three doctors has been received and as per their opinion, the appellant is fit to stand trial and he suffers from no mental ailment. The order dated 10.3.2006 was not challenged by the appellant in a revision or before high court by filing petition under Section 482 Cr.P.C. Thus, the opinion of the Medical Board was accepted.