HAMID ALIAS KALIYA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) CHALLENGE in this appeal is to the judgment dated June 2, 2006 of the learned Additional Sessions Judge (Fast Track No. 2) Kota whereby Hamid @ Kaliya and Smt. Memuna, the appellants herein, have been convicted and sentenced under section 302 and 302/34 IPC to undergo imprisonment for life and fine Rs. 1,000/- in default to further suffer three months simple imprisonment. Since Hamid @ Kaliya was of unsound mind during the trial and matter requires interpretation of sections 329 and 331 Crpc, we proceed to finally decide this appeal at the admission stage.

(2.) A look at the order sheet dated January 10, 2005 drawn by the learned trial Judge demonstrates that Medical Board examined appellant Hamid @ Kaliya and opined that he was a patient of Peronoid Schizophrenia. On the basis of recommendation of Medical Board, learned trial Judge invoked the provisions contained in Section 329 Crpc and postponed further proceeding in the case. Appellant Hamid @ Kaliya was referred to Mental Hospital, Jaipur for treatment.

(3.) FOR these reasons, the appeal stands allowed and the impugned judgment dated June 2, 2006 of learned Additional Sessions Judge (Fast Track) No. 2, Kota is set aside and the case is remanded back to learned Additional Sessions Judge (Fast Track) No. 2 Kota for de-novo trial in accordance with law. In view of the fact that Memuna is a woman, we are inclined to grant her bail provided she furnishes a personal bond in the sum of Rs. 50,000/- with two sureties of the like amount to the satisfaction of learned trial Judge. In regard to appellant Hamid @ Kaliya, we grant him liberty to approach the trial Judge under section 330 Crpc. Record of the case be sent back forthwith. .