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BOSE
PROVINCIAL GOVERNMENT, CENTRAL PROVINCES AND BERAR – Appellant
Versus
KRISHNA GOPALA MARATHA – Respondent
Bose—This is a revision by the Provincial Government. The non-applicant Krishna was tried by a jury in the Court of the Third Additional Sessions Judge, Nagpur, under Section 307, Penal Code, for an attempt to murder. He pleaded insanity. This plea was accepted and he was acquitted on that ground. Thereafter, instead of detaining him in safe custody under s. 471(1), Criminal P. C, and reporting the matter to the Provincial Government, the learned Judge released him, merely remarking that Should the accused again get any such fits of insanity hereafter, it would he desirable for the police and Executive Officers to take prompt steps to deal with him under Ss. 4, 13, 15, 16 and 98, Lunacy Act, 1912.
2. The reason why this was done was because the accused appeared to be sane during the trial and was said to have been sane for a period of six months before his arrest. But this is not permissible under the law however much the accused may appear to be sane at the time of his trial, because be must be sane then, otherwise he could not be tried. The Legislature must have known this when it enacted Sections 470 and 471. Under these sections whenever the acquittal is based on the gro
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