1. In this case the accused a deaf and dumb man, has been convicted of murder under S.302, Penal Code by the learned Sessions Judge, Trivandrum and the proceedings have been submitted to this Court under S.341, Criminal P. C. S.341, Criminal P. C. reads as follows:

"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."

In committing the accused to the Court of Session, the learned First Class Magistrate, Varkala, who conducted the preliminary enquiry forwarded the proceedings to this Court with a report of the circumstances of the case as enjoined by the provision of law quoted above. Pursuant to that report, in Criminal Reference No. 3 of 1957, a Division Bench (Koshi, C.J. and Vaidialingam, J.) directed the learned Sessions Judge, Trivandrum to conduct the trial. That order was made on 17-6-195