STATE Vs. CHACKO

JUDGEMENT

(1.) This reference is made by the Taluk Second Class Magistrate of Changanacherry under S. 281 of the Travancore Criminal Procedure Code.

(2.) In C.C. No. 83 of 1121 on the file of his court, two persons Ouseph Chacko and his servant Kunjan Panky were charged under S. 323 of the Travancore Penal Code for causing hurt to PW 1. The second accused Panky was discharged under S. 256 of the Travancore Criminal Procedure Code. The Magistrate found that the first accused was guilty and he, therefore convicted him and sentenced him to pay a fine of Rs. 10. In default of payment of fine, he was directed to undergo simple imprisonment for one week.

(3.) The reference is made to the High Court for the alleged reason that the first accused who is deaf and dumb could not be made to understand the proceedings against him. S. 281 of the Travancore Criminal Procedure Code under which the reference is made, is worded as follows:- If the accused, though not insane, cannot be made to understand the proceedings, the Court may proceed with the enquiry or trial; and if such inquiry results in a commitment, or if such trial results in a conviction, the proceedings shall be forwarded to Our High Court with a report of the circumstances of the case, and Our High Court shall pass thereon such order as it thinks fit.