EMPEROR Vs. IMAM HASAN

JUDGEMENT

(1.) In this case the accused was found guilty by the Sessions Judge of two offences under Section 302, Indian Penal Code, and sentenced for each offence to transportation for life.

(2.) On appeal, we came to the conclusion that the evidence showed that the man was not of sound mind at the time when he committed these acts in the sense either that he knew the nature of his acts, or that he knew that they were wrong or Contrary to law. We held that he was entitled to an acquittal on the ground of insanity. Under Section 471, Criminal Procedure Code, we directed that he should be kept in safe custody in the place where he was then confined, and that the papers of the case should be sent to the Local Government to pass such orders as might to them seem expedient. We followed the procedure laid down in Emperor V/s. Somya Hirya Mahar .

(3.) We have since received a letter from Government, dated January 12, 1923, pointing out to us that under Section 471, Criminal Procedure Code, as amended by Act X of 1914, it is for the High Court to pass the necessary orders, or direct the Sessions Judge, Dharwar to pass them under Government Resolution, Home Department, No. 8512, dated August 30, 1921.