JUDGMENT AND ORDR

1. This is a reference made by the Additional Sessions Jugde (Fast Track Court, Manipur East), at Imphal under Section 366 of Cr.P.C. in respect of sentence of death passed by the Court in Sessions Trial No. 19/ME/IE/1985/401985/1/2002/6/2002 against the accused Saikhom Ramo Singh.

2. As the convicted accused is undefended the Court appointed Mr. N. Ibotombi Singh as Amicus Curiae for the defence of the accused convicted.

3. We have heard Mr. Jalal Uddin, learned P.P. for the State and also Mr. N. Ibotombi, learned Amicus Curiae.

4. At the outset, the learned Amicus Curiae has clearly stated that no appeal has been preferred by the accused convict mainly because of the fact that the procedure adopted by the learned Trial Court in conducting the trial involving the accused who was suffering from unsound-ness of mind is not in accordance with the provisions contemplated under Chapter XXV of Cr.P.C. To highlight his submission the learned Amicus Curiae has taken us to the record of the Trial Court convicting the accused U/S 302 I.P.C. and awarding the death sentence.

5. On perusal of the record of the Trial Court it is found that a situation arose at the co