Judgment-

SHELAT

( 1 ) THE appellant was charged of having committed on 24/04/1970 the murder of a lady doctor, Dr. Vaidya, at Kulu. On 4/05/1970, he was arrested on the aforesaid allegation. On 9/05/1970, his advocate made an application before the Magistrate, Kulu under Section 464 of the Code of Criminal Procedure, 1898. The application stated that the advocate had interviewed the appellant in the judicial lock-up where he was detained and found him talking incoherently and showing symptoms of impairment of the cognative faculties of mind and otherwise of an abnormal behaviour. The applicant prayed that he should be removed to the mental hospital at Amritsar for ascertaining whether he was in a position to make his defence. Since there was no response to the said application, a similar application was again addressed to the Magistrate on 3/06/1970. To this application were annexed three medical certificates by Dr. B. N. Sur, Dr. Pathak and Dr. K. P. Singh respectively dated 10/05/1970, 15/05/1970 and May 9, 1970, all the three certifying that even as a medical student the appellant had shown signs suggesting unsoundness of mind. In the meantime the case was transferred to the Cour