THE STATE Vs. BAJODHAR

JUDGEMENT

(1.) This is a reference by a Magistrate first class, Rai Bareli, under Sec. 341 of the Code of Criminal Procedure.

(2.) It appears that a dacoity was committed at the houses of Dasau and Babu of Lalji Ka Purwa, a hamlet of Sultanpur Khera, in the district of Rae Bareli on the night intervening between the 23rd and 24th July, 1952. Investigation was taken up and it is alleged that the opposite party Gajodhar alias Guga dug out and gave some property to the police which was found to be a part of the property taken away by the dacoits in the dacoity committed in Lalji -ka -Purwa. After the investigation had been completed the opposite party, alone with some others, were sent up for trial. The Committing Magistrate, however found a prima case against the applicant and some others and committed them to the Court of Session. As the opposite party was found by the Magistrate to be deaf and dumb and unable to understand the proceedings he made the reference which is before me, under Sec. 341 of the Code of Criminal Procedure.

(3.) When the case came up on the 20th July, 1953 it appeared to me that there was not sufficient material on the record from which it could be inferred that the applicant was deaf and dumb. The Magistrate was them directed to record evidence and also get the opposite party examined medically in order to find out if the opposite party was really deaf and dumb, and also unable to understand the nature of the proceedings against him. The Judicial Officer recorded some evidence and also had the opposite party examined by the civil Surgeon and his report shows that both from the oral evidence as also from the report of the Civil Surgeon, it appealed that the applicant was unable to understand the nature of the proceedings and was both deaf and dumb.