Shelat, Ag. C.J.:-The appellant was eharged with having committed on 24th April, 1970 the murder of a lady doctor, Dr. Vaidya, at Kulu.On 4th May, 1970 he was arrested on the aforesaid allegation. On 9th May, 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 cognitive faculties of mind and otherwise of an abnormal behaviour. The applicant prayed that he should be removed to the mental hospital at Amitsar for ascertaining whether be 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 3rd June, 1970. To this application were annexed three medical certificates by Dr. B.N. Sur, Dr. Pathak and Dr. K.P. Singh respectively dated 10th May, 1970, 15th May, 1970 and 9th May, 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

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