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On 22-10-1969, the prisoner expressed a desire to be present at the hearing of his case before the High Court. Two Advocates, namely Shri D. M. Rane with Shri Mengde as the Senior were appointed as amicus curiae to defend the condemned prisoner in the High Court. After interviewing the prisoner in Jail on 8-1-1970 and 9-1-1970, the Advocate reported to the High Court that the accused was not able to communicate with them intelligently and rationally as he appeared to be insane. Counsel submitted an application to the High Court requesting that the accused be got examined by a Board ,of psychiatrists in order to determine as to whether he was or was not of unsound mind. The application was opposed on behalf of the State inter alia on the ground that s. 465 applies only to a trial before a court of Session. The High Court rejected this contention, and by its order, dated 14th January, 1970, directed the Surgeon- General, Bombay to constitute a Special Medical Board of three psychiatrists on the lines indicated in Rule 850 of the Bombay Jail Manual, to examine the accused and "determine whether the accused is of unsound mind, and, secondly whether in consequence of his unsound, ness of mind, he is incapable of making his defence in the proceed- ings before us". The Board was accordingly constituted. The Board deputed Dr. Balakrishna Laxman Chandorkar, Superintendent of the Mental Hospital to interview the accused. Dr. Chandorkar, consequently, had fourteen interviews with the accused and also examined the latter physically. The accused was sent, under Dr. Chandorkar's directions, to several hospitals for special examinations. Dr. Chandorkar gathered the past history of the accused, also, in so far as it was relevant to determine the issue referred to him. The conclusion reached by Dr. Chandorkar. which he reported to the Board on 28-2-1970, was that the accused was suffering from Paranoid Schizophrenia and was of unsound mind and. in consequence. he was incapable of making his defence. On receiving the report of Dr. Chandorkar, the Special Medical Board also examined and inter"viewed the accused on five occasions. Their conclusion, as communicated to the High Court, was "(1) Sindhi Dalwai alias Raman Raghav (Prisoner) is of unsound mind. He is suffering from a psychosis called chronic paranoid schizophrenia or paraphrase, the latter being an old term for chronic paranoid schizophrenia plus auditory hallucinations. He is dangerous to the society and hence certifiably insane.