Appellant had been convicted of matricide and sentenced to death. Upon appeal, the conviction was quashed and a retrial was ordered. It was also ordered that the ap¬pellant be placed in custody under medical observation and that a full report be submitted to the court which will try him.

At retrial, a Doctor of the Neuro-Psychiatric Hospital was subpoened, to observe the appellant and determine his fitness to plead and to stand trial.

Prosecution had argued that on the 5th of February, 1980, appellant, killed his mother by inflicting matchet blows on her. And that on the 4th of February, 1980, the appellant was seen by the police wedding a matchet and was arrested and detained. He was released the following day into the custody of his parents. Later that day 5th February, 1980, at around 8.30 p.m. the appellant killed his mother. At around 9.30p.m., he was seen licking the matchet and was arrested.

The main issue was the state of mind of the appellant. Though the defence did not plead insanity or lead evidence in proof of insanity, from the evi¬dence of the prosecution, it was clear that the appellant was insane. However, the only mention of the defence of insanity came up in the defence counsel's closing statements. The appellant merely stated that he did not know what happened to his mother and that he did not know why he was on trial.

The learned trial Judge concluded that the defence of Insanity could not avail the appellant and convicted him for murder. Appellant appealed to the Court of Appeal which dismissed the appeal. Appellant went further to the Supreme Court.