JUDGMENT

Sawant, J. - The petitioner is a police constable attached to the Bombay City Police Force. As of today, he has put in 19 years of service as constable. In 1981, he met with a road accident and suffered bead injuries, and although he recovered from them, be become mentally ill and continued to be so to some extent even till this date.

2. Since January 1982, he was under psychiatric treatment and his ailments were diagnosed in July 1982 as "Giddiness, Ghabrat (fright), reduced sleep and appetite, nervousness, confusion etc." In August 1982 he was diagnosed and suffering from schizophrenia. He suffered from auditory and visual hallucinations. He used to sit lonely in bed, had a vacant look and was confused. He was given electric shock-treatment till September 1982 and was also put on a doze of heavy tranquilizers. He continues to take them even today.

3. The incident in question which has given rise to the impugned criminal prosecution, occurred on 27th April 1985 on which day about 10 a.m., he tried to commit suicide outside the office of the Municipal Commissioner, Greater Bombay by pouring kerosene on himself and by trying to light his clothes. The immediate cause of his