KANARAN Vs. S.I. OF POLICE

JUDGEMENT

(1.) A deaf "mute stands convicted for the offence under Sec.32 of the Indian penal Code.Instead of passing a sentence,learned Sessions Judge forwarded the proceedings to this court together with a report under Sec.318 of the Code of Criminal procedure(for short ˜the Code)to enable the High court to pass such order as it thinks fit ;.We appointed Sri.K.P.G.Menon,advocate,on state brief to argus for the convicted person.Sri t.R.Raman Pillai,advocate,assisted the court as amicus curiae on our request.

(2.) LEARNED Sessions Judge,in his report,pointed out that communication with the accused was not possible due to his disability.Sessions Judge made some efforts to make the accused understand the proceedings.For that purpose,Sessions Judge availed himself of the services of a teacher attached to a deaf and dumb institute and also services of accused's son.But both of them failed to make the accused understand the proceedings.Nor could they understand what the accused had to communicate.Some questions were put to the accused under Sec.313 of the Code but Sessions Judge failed,inspite of efforts made through the aforesaid persons,to elicit any meaningful answer.However,as per judgment pronounced learned Sessions Judge found the accused guilty of the offence under Sec.302 of the IPC and convicted him.

(3.) SRI .K.P.G Menon contended that the entire trial is vitiated since accused was not able to understand the proceedings and also since Sessions Judge could not understand what the accused had to say about the evidence appearing against him.According to the counsel,there was infringement of fundamental right enshrined in Art 21 of the Constitution which says that no person shall be deprived of his life or personal liberty except according to procedure established by law ;.It was contended further that Sec.318 of the Code does not afford scope to comply with the procedure for giving reasonable opportunity to the accused to explain any circumstances appearing in evidence against him.Sec.313 of the Code enjoins on the Sessions Court to examine the accused generally on the case for the purpose of enabling the accused personally to explain any circumstances appearing in the evidence against him ;.The said section empowers the court to take into consideration the answers given by the accused to such questions while reaching final conclusion.According to the counsel,the vital provision stands eluded in a case where Sec.318 applies.