STATE OF GUJARAT Vs. VAGHARI MOHAN BANA

JUDGEMENT

(1.) At about 9-00 a.m. on 25-3-69 the accused was found grasing his goats in the field of the complainant Patel Kevaldas Ugardas of Varevada and thereby he caused damage to the extent of Rs. 15.00. The accused was further alleged to have rescued two goats when the complainant was taking them away to the cattle pound. The complaint was lodged at the Kakosi Police Station. After finishing the investigation of the case charge sheet against the accused was sent up to the Court of Judicial Magistrate First Class Sidhpur for offences under secs. 161 and 162 of the Gujarat Panchayats Act.

(2.) When the accused was produced before the learned Magistrate on 5-4-69 he was found to be deaf and dumb. He was therefore sent to the Sidhpur Hospital for his examination. That report showed that he had congenital defects of hearing and speach contre. On 23-5-69 the complainant and the accused presented a composition in respect of the said offences. That composition was rightly not allowed by the learned Magistrate as the offences were not compoundable. Then it appears that a separate statement in writing under the thumb impression of the accused wherein be admitted to have committed the offences through mistake was put in. The learned Magistrate accepted that statement as his admission of the guilt and since he could not pass any further orders viz. of sentence for the same he has made this reference to this Court under sec. 341 of the Criminal Procedure Code through the Sessions Judge Mehsana. The material part of his order as disclosed in his letter for reference runs thus:-

(3.) Now sec. 341 under which this reference is made runs thus:- 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.