GOKHALE, J. :- This is a reference made by the learned Judicial Magistrate, First Class, Court No. 1, Kolhapur, under S. 341 of the Cr. P.C. The accused Radhamal Sangatmal Sindhi was alleged to have stabbed one Panunal on 2nd December 1958 as a result of which the said Panimal ultimately died in the Civil Hospital at Kolhapur. That is why committal proceedings were started against the accused before the learned Judicial Magistrate. It appears that before the prosecution led evidence in the committal proceedings it was discovered that the accused was deaf and dumb and could not be made to understand the nature of the proceedings against him and the Public Prosecutor, therefore, submitted a report to the learned Magistrate on 3-2-1959 to that effect. In support of his report, the father as well as the father-in-law of the accused were examined, as also one more witness by name Madhumal Dholumal, who was a neighbour of the accused for several years. On the basis of this evidence the lower Court was of the view that the accused was deaf and dumb, as alleged and, therefore, incapable of understanding the nature and substance of the proceedings against him. In view of this findi