obligatory on the Court holding an inquiry or a trial, if it has reasons to
believe that the accused in the case is of unsound mind and in consequence
is incapable of making his defence, to first hold an inquiry into the facts of
such unsoundness of mind of the accused and for that purpose to get the
accused examined by the Civil Surgeon of the district or by such other
Medical Officer as the Provincial Government may direct and then record
the result of such examination in writing. Pending inquiry into the
unsoundness of mind of the accused the trial before the Court is to remain
suspended. If as a result of the inquiry into the unsoundness of mind of the
accused, it is found that the accused is of unsound mind and consequently
incapable of making his defence the trial or inquiry has to be adjourned until
such time the accused regains from his mental illness. While adjourning the
trial or inquiry the Court has discretion either to enlarge him on bail or
commit him in the safe custody as in the opinion of the Court may be
necessary and report the matter to Provincial Government. The trial or
inquiry so postponed could be resumed at any time by the Court if it is
found that the accused is now in a position to make his defence in the case.
However, if upon resumption of inquiry the accused once again is found to
be incapable of making his defence, the inquiry and trial is again to be
adjourned for such period the accused again recovers from his illness. Apart
from obligation of the Court to hold an inquiry into the fact of unsoundness
of the mind of the accused in the above-stated circumstances, the combined
effect of sections 469 and 470, Cr.P.C. is that the Court shall also hold an
inquiry, if it appears from the evidence produced before it, or if it has
reasons to believe that the accused was incapable of understanding the
nature of offence at the time he committed it for reasons of unsoundness of
mind, into the fact of unsoundness of the mind of the accused at the time he
committed the offence. If the Court reaches the conclusion after holding
such inquiry, that the accused was incapable of understanding the nature of
act constituting the offence for reasons of unsoundness of mind, the accused
will be acquitted, but the Court shall give a specific finding whether he
committed the act or not. The above finding by the Court is necessary as
further action against the accused upon his acquittal in the case is to be
taken by the Court under sections 471, 474 and 475, Cr.P.C..... "
In Fauqual Bashar v. The State12, this Court examined the procedure laid down
in sections 464 and 465, Cr.P.C. In this case, leave was granted by this Court in
following terms:"Brother of the accused, who is facing trial on the charge of murder in the trial
court, made an application in the trial court raising plea that his brother is
mentally deranged and is unable to understand the nature of the proceedings.
Application was dismissed and in the High Court revision application was
filed which also has been dismissed. Learned counsel for the petitioner has
filed documents which show that the accused remained in the mental
hospital for treatment. Plea is rejected by the two Courts below on the
ground that the accused does not claim to be insane and refuses to go for
medical examination on the ground that he is normal. Question arises
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