1. The appellant in respect of whom the appeal was admitted is named Radhanath Mandal. It appears that after the trial had commenced this particular accused, Radhanath, showed signs of insanity. The learned Judge's, attention being drawn to the facts because of what was observed by him in Court and because of the fact that the surety of Radhanath and his pleaders had given him up on the evening of the second day of trial, he asked the jury to observe closely Radhanath in Court and to form their own conclusions as to whether Radhanath was a person of unsound mind or not. The trial proceeded and in the end the jury gave their opinion that they did not consider that Radhanath was a person of unsound mind.
2. It appears to us, however, that according to the provisions of Section 465, Criminal P.C., the learned Judge ought to have put to the jury as a preliminary issue to be tried by them as to whether or not the jury were satisfied that Radhanath was a person of unsound mind. This ought to have been done the moment the question of the insanity of Radhanath was raised. On that point evidence should have been given or required as to whether Radhanath was a person who could stand his trial and was in a position to understand the proceedings which were going on in Court. No evidence whatever was led on that point, and although we are not unmindful of the fact that the learned Judge did put to the jury the question of the insanity of this particular accused, it was not put in the way and form required by Section 465, Criminal P.C.
3. We feel, therefore, that we have no other alternative but to set aside the conviction of and the sentence passed on the accused Radhanath Mandal and to direct that the matter should go back to the learned Judge to try the issue referred to above before a fresh jury. In the event of the jury being of opinion that Radhanath is a person of unsound mind, further proceedings in the case against Radhanath should be postponed and the jury discharged in terms of Section 465, Criminal P.C. If, however, on the other hand the jury are of opinion that Radhanath is a person of sound mind and is perfectly able to understand the proceedings against him, then the trial should go on.