The judgment establishes the principle that a deaf and dumb accused should be ensured a fair trial, legal assistance, and may be liable to punishment if found to have sufficient intelligence to understand the criminal character of his act.

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 finding, it passed an order on 17-3-1959 that the inquiry should proceed against the accused under S. 207A read with S. 341 of the Cr. P.C. Thereafter, the prosecution led the necessary evidence against the accused and the learned Magistrate was of the view that there were sufficient grounds to commit the accused to the Sessions Court at Kolhapur for trial in respect of the offence alleged to have been committed by him. The learned Magistrate, therefore, passed an order on 31-3-1959 committing the accused to stand his trial under S. 302 of the I.P.C. before the Court of Session at Kolhapur. But in view of the fact that he had found that the accused was deaf and dumb and was unable to understand the nature of the proceedings the present reference was made by him to this Court under S. 341 of the Cr. P.C.

2. Section 341 of the Code provides as follows :

Section 341. "If the accused, though not insane, cannot be made to understand the proceedings, the Court may proceed with the inquiry or trial; and, in the case of a Court other than a High Court, if such inquiry results in a commitment, or if such trial results in a conviction, the proceedings shall be forwarded to the High Court with a report of the circumstances of the case, and the High Court shall pass thereon such order as it thinks fit". Now, this is a reference which has been made after the termination of the committal proceedings which have resulted in the commitment of the accused on a charge under S. 302 of the I.P.C. The finding of the learned Magistrate that the accused is deaf and dumb and unable to understand the proceedings against him seems to be justified in view of the evidence led by the Public Prosecutor in support of his report (Exh.4). Now, the mere fact that an accused person is deaf and dumb will not exempt him from being proceeded against for his criminal actions. The object of S. 341, in our judgment, appears to be that the High Court should see that the accused is ensured a fair trial, and that can be done En the present case by giving the necessary directions to the learned Sessions Judge before whom the accused might be tried.

3. The learned Assistant Government pleader 1 drew our attention to some of the decided cases under S. 341 of the Cr. P.C. Queen-Empress v. Somir Bowra, ILR 27 Cal 368, to which our attention was invited, is not helpful because it appears that in that case apart from the fact that, the accused was deaf and dumb, the High Court also found that he was of unsound mind and incapable of knowing that he was doing what was wrong and contrary to law, though it found on the evidence that he was responsible for the murder of a woman, That is why he was directed to be kept in jail until orders of the local Government were received. Our attention wag also invited to fou