Mr. Mohammad Rafiq, J.

1. This appeal has been preferred by accused-appellant Muslim son of Habib, challenging judgment dated 31.07.2012 passed by the Additional Sessions Judge (Fast Track) No.1, Jhunjhunu, in Sessions Case No.3/2011 (162/2009) (157/09), where under he has been convicted for offence under Section 302 of the Indian Penal Code and sentenced to undergo life imprisonment and fine of Rs.2000/- (Rupees two thousand).

2. Briefly stated the facts of the case are that a written report was submitted by one Iqbal S/o Ibrahim at Police Station Kotwali, Jhunjhunu, on 02.09.2009 alleging therein that on 02.09.2009 at about 8:30 PM upon hearing hue and cry, his mother Ajijan W/o Ibrahim, aged 70 years, came out of her house and found that the accused had caught hold of a girl. He was having a broken bottle of glass in his hands. She ran towards him and tried to free the girl from his clutches, but accused-appellant Muslim S/o Habib attacked her with the broken bottle with an intention to kill and stabbed her 5-7 times. On hearing the noise, other residents of the colony came there and over powered the accused Muslim and also informed the police. An ambulance was called and she was taken to the hospital. Her condition was quite critical. She was still unconscious. It was alleged that accused-appellant Muslim had also caused injury to one more person, who ran away for fear of his life.

3. The police on receipt of aforesaid written report, lodged regular First Information Report No.320/2009 for offence under Section 307 of the IPC and commenced investigation. During treatment, Ajijan succumbed to injuries on 06.09.2009 and the case was converted into one for offence under Section 302 IPC and body of the deceased Ajijan was subjected to postmortem. On the conclusion of the investigation, the police filed a charge-sheet against the accused-appellant. The trial court, vide order dated 03.03.2011, framed charge against the accused-appellant for offence under Section 302 IPC. The accused denied the charges and claimed to be tried. The prosecution, in support of its case, examined 14 witnesses and exhibited 18 documents. The accused appellant, in his examination under Section 313 of the Code of Criminal Procedure, denied the allegations that he had committed any offence and took a defence that he was suffering from mental disorder for the last 10-15 years and therefore was unable to comprehend the consequences of his action. Learned trial court, however, by the impugned judgment and order, convicted and sentenced the accused-appellant as indicated above.

4. Heard learned counsel for the accused-appellant as also learned Public Prosecutor for the State.

5. Mr. A.N. Khan, learned counsel for accused-appellant, argued that the trial court has committed serious error of law in holding that the guilt of the accused-appellant was proved beyond reasonable doubt. The trial court failed to consider that the Deputy Superintendent, District Jail, Jhunjhunu, on 11.11.2009 moved an application for reception order regarding the appellant for admitting him to the Psychiatric Center, Jaipur. The trial court passed the reception order and the appellant was thus admitted there. The appellant was not produced before the trial court on 15.12.2009 and thereafter on 27.01.2010, as he was still under treatment. The appellant was produced before the trial court on 05.03.2010. The trial court on that date, again directed the jail authorities to make a report whether the appellant was fit to understand the implication of legal proceedings. The appellant was then subjected to medical examination and it was opined that he was not in a position to understand the implications of the judicial proceedings. The trial court therefore directed the prosecution to produce a fortnightly medical report regarding the medical condition of the accused-appellant. It is submitted that on 23.04.2010 when the matter was taken up by the trial court, the medical report of the