KULWANT SINGH TIWANA, J.

1. Gurjit Singh alias Sainti son of Atma Singh, resident of Nabha, appellant was tried and convicted under S. 302, Penal Code, for committing the murder of Nand Ram at Nabha on 11th of Aug. 1983 at 4-10 p.m. He has been sentenced by the learned Sessions Judge, Patiala to undergo life imprisonment and pay a fine of Rs. 500.00 for this offence. In default of payment of fine he has been further directed to undergo rigorous imprisonment for one year. The appellant has contested the order of conviction and sentence through this appeal.

2. During the course of hearing of this appeal, the question which came to the fore was whether in the face of the plea of insanity raised by the appellant, the learned trial Court acted in violation of S. 329 of the Criminal P.C. 1973, hereinafter referred as the Code, by not trying the fact of unsoundness of mind and incapacity of the appellant to make his defence before the start of the actual trial.

3. As this is a preliminary question and in case of its determination in favour of non-compliance of the provisions of S. 329 of the Code, the trial is to vitiate, we need not refer to the evidence, in the case, on merits.