1927 Present: Lyall Grant J.

[Second Southern Circuit 1927.]

KING v. PINDORISSA.

21-P. C. Tangalla, 19,895.

Deaf and dumb prisoner-Inability to understand proceedings-Treated as of unsound mind-Detention during His Excellency's pleasure-Criminal Procedure Code, ss. 368 and 369.

Where a deaf and dumb person was put upon his trial for murder and the jury found that he was unable to understand the nature of  the proceedings and to make a proper defence,-

Held that the accused should be treated as a person of unsound mind and detained in custody until the pleasure of the Governor be made known.

THE accused, who was deaf and dumb, was charged with murder before the Supreme Court Criminal Sessions at Galle. After the evidence had concluded, his Counsel raised the point that the accused was unfit to stand his trial as he was unable to understand the proceedings against him. Thereupon the Judge charged the jury to consider the point first. The jury returned the verdict that the prisoner was not in a condition sufficiently to understand the proceedings against him.

William Silva, for accused.

J. E. M. Obeyesekere, C.C., for the Crown.

December