“We think it is necessary to examine the relevant provisions of the Criminal Procedure Act. Section 223(1) provides- “When a judge holding a trial or a magistrate holding a trial or an inquiry has reason to suspect that the accused is of unsound mind and consequently incapable of making his defence the Judge, jury or magistrate, as the case may be, shall in the first instance investigate the fact of such unsoundness of mind.” We note that in the case in hand, the appellant had already pleaded to the charge before the learned trial judge deemed it necessary to make the investigation under consideration; but it is our view that the language of Section 223(1) of the Criminal Procedure Act is clear and wide enough to allow for such investigation at any stage whether before an accused pleads to the charge or after, and even after the Court has begun to receive evidence.”
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