1. This is a reference under S.341, Criminal Procedure Code, made by the learned First Class Magistrate of Ponkunnam who committed the accused in P.E. No. 111 of 1953 on the file of his court for trial before the Court of Sessions for committing an offence of murder. The accused is deaf and dumb and he was born so. He stood charged with the murder of his uncle. Before the preliminary enquiry commenced his counsel presented a petition stating that the accused was deaf and dumb, that he was unable to understand the proceedings in court and that he should therefore be got medically examined and a certificate obtained regarding his capacity to understand the proceedings. In complying with the request the learned Magistrate sent the accused for observation by the Medical Officer in charge of the Government Hospital at Kanjirappally and after keeping him under observation for eight days the Medical Officer reported that he was deaf and dumb and unable to hear and rely questions put to him.

Afterwards the Magistrate held an enquiry as to the physical and mental capacities of the accused by examining the said Medical Officer as also a close relation of the accused and a close ne