IN RE: OOMAYAN ALIAS BALUCHAMY Vs. STATE

JUDGEMENT

(1.) THIS is a reference under Section 341 of the Code of Criminal Procedure. The accused is charged under Section 201 read with Section 302 , Indian Penal Code. The Magistrate has committed the accused to Sessions. In paragraph 2 of his letter of reference the Magistrate states:

(2.) TO begin with, Section 361 cannot apply to this case, because under that section whenever any evidence is given in a language not understood by the accused, it should be interpreted to him in open Court in a language understood by him. A deaf and dumb man can understand by signs and gestures. Signs and gestures do not form a language, though loosely it may be called the language of the deaf and dumb. But that is not meant by Section 361. Section 361 therefore does not apply.

(3.) BUT in this case the Magistrate himself finds that the accused understood the proceedings. I am unable to see how this reference lies to this Court. The reference is therefore returned. It is for the Sessions Judge to whom the case has been committed to consider whether this is a case for reference under Section 341, Criminal Procedure Code.