STATE Vs. RAM JATAN & ANOTHER

JUDGEMENT

(1.) These are two cases which have been referred to this Court under Sec. 341 of the Crimial P.C. Misc. Case No. 3910 of 1968 was referred by the Sessions Judge, Mirzapur and Misc. Criminal Case No. 3911 of 1968 was referred by a Magistrate 1st Class, Deoria.

(2.) In Criminal Case No. 3910 of 1968 Ram Jatan is said to be the deaf and dumb. He along with his father Jairam is said to have committed offences under Sections 363, 366 and 368 of the I.P.C. The report of the occurrence was lodged at the Thana by Shitala Prasad, the father of the kidnapped girl. The occurrence is alleged to have taken place on May 21, 1967. The report was lodged at the Thana on May 31, 1967. On the basis of his report the police registered a case against Jairam and Ram Jatan under the aforesaid sections and started investigation. After completing the investigation Jairam and Ram Jatan were challaned. The Committing Magistrate after holding enquiry under chapter XVIII of the Crimial P.C. committed Ram Jatan and Jairam to stand their trial in the court of Sessions under Sec. 366 of the I.P.C. As Ram Jatan was deaf and dumb the learned Sessions Judge made a reference to this Court under Sec. 341 of the Crimial P.C.

(3.) In Criminal Misc. Case No. 3911 of 1968 Bauk alias Mukut and one Ram Bachan are alleged to have committed theft of the paddy crop standing in the field of Bans Bahadur. The occurrence is alleged to have taken place at 9 p.m. on Sept. 18, 1966. Bans Bahadur lodged the report of the occurrence at the Thana the same night at 0.55 hours. On the basis of this report the police registered a case against Bauk and Ram Bachan under Sec. 379 of the I.P.C. After completing the investigation the police challaned both of them. The learned Magistrate convicted both Ram Bachan and Bauk. Ram Bachan was sentenced to imprisonment. As Bauk is alleged to be a deaf and dumb person, therefore, the learned Magistrate has made this reference to this Court under Sec. 341 of the Crimial P.C.