STATE OF MAHARASHTRA Vs. RADHAMAL SANGATMAL SINDHI

JUDGEMENT

(1.) This is a reference made by the learned Judicial Magistrate, First class, Court No. 1 Kolhapur, under S. 341 of the Cr. P. c. The accused Radhamal Sangatmal Sindhi was alleged to have stabbed one Parumal on 2nd December 1958 as a result of which the said Parumal ultimately died in the Civil Hospital at Kolhapur. That is why committal proceedings were started against the accused before the leanred Judicial Magistrate. It appears that before the prosecution led evidence in the committal proceedings it was discvered that the accused was deaf and dumb and could not be made to understand the nature of the proceedings against him and the Public Prosecutor, therefore, submitted a report to the learned Magistrate on 3-2-1959 to that effect. In support of his report, the father as werll as the father-in-law of the accused were examined, as also one more witness by name Madhuma Dholumal, who was a neighbout of the accused for several years. On the basis of this evidence the lower Court was of the view that the accused was deaf and dumb, as alleged and, therefore, incapable of understanding the nature and substance of the proceedings against him.In view o f this finding, it passed an order on 17-3-1959 that the inquiry should proceed against the accused under S. 207A read with S. 341 of the Cr. P. C. Thereafter, the prosecution led the necessary evidence against the accused and the learned Magistrate was of the viewe tthat there were sufficient grounds to commit the accused to the Sessions Court at Kolhapur for trial in respect of the offence alleged to have been committed by him. The learned Megistrate, therefore, passed an order on 31-3-1959 committing the accused to stand his trial under S. 302 of the I. P. C. before the Court of Session at Kolhapur. But in view of the fact that he had found that the accused was deaf and dumb and was unable to understand the nature of the proceedings the presendt reference was made by him to this Court under S. 341 of the Cr. P. C.

(2.) Section 341 of the Code provides as follows: Section 341.

(3.) The learned Assistant Government pleader drew our attention to some of the decided cases under S. 341 of the Cr. P. C. Queen-Empress v. Somir Bowra, ILR 27 Cal 368, to which our atttention was invited, is not helpful because it appears that in that case apart from the fact that, the accused was deaf and dumb, the High Court also found that he was of unsound mind and incapable of knowing that he was doing what was wrong and contrary to law, though it found on the evidence that he was responsible for the murder of a woman. That is why he was directed to be kept in jail until orders of the local Government were received. Our attention was also invited to four Bombay cases. The earliest is King- Emperor v. Monya, 4 Bom LR 296, where on a reference made by a Magistrate this Court acquitted the accused on the ground that the accused could not be made to understand the proceedings and it was impossible to say that he knew the nature of the act committed by him. In In re a Deaf and Dumb Man, 8 Bom LR 849, it was held that where the accused is deaf and dumb it is inconvenient to try him summarily and in such a case an attempt should be made to find out whether the accused has any friends or relatives who are accustomed to communicate with him and theMagistrate should make inquiries about his antecedets and ordinary mode of life and the manner in which he has communicated within the ordinary affairs of life. In the present case, as already stated, the learned Magistrate has made the necessary inquiries and found that the accused is unable to understand the nature of the proceedings against him. In Emperor v. A Deaf and Dumb, 18 Bom LR 553: (AIR 1917 Bom 288), it was observed that though great caution and diligence are necessary in the trail of a deaf and dumb person. yet if it be shown that such a person had sufficient intelligence to understand the character of his criminal act, he is liable to punishment. In Emperor v. Khashaba, 25 Bom LR 43: (AIR 1923 Bom 194 (1), a deaf and dumb person was found guilty of attempt jto commit suicide and this court directed that the accused be sentenced to one day's simple imprisonment, after affirming the finding theat he was guilty of the offence with which he was charged, and the trial Magistrate was also requested, if practicable, to admonish the accused and to point out to him that it was wholly improper for him kto attempt to take his own life as a remedy for his brother's alleged conduct in refusing to partition joint lands. In In re, Boya Polamma, AIR 1941 Mad 225, the Sessions Judge. in a trial under S. 302 of the I. P. C., felt, towards the end of the tiral, that the accused was unable to understand the proceedings, and that is why he made a reference to the Madras High Court under S. 341 of the Cr. P. C.. after recording a conviction under S. 302 against the accused. It appears that in that case the accused was able to understand the proceedings upto the stage of questioning under Section 342, Cr. P. C., but subsequently it was discovered that the accused was deaf, and the High Court held that the conviction for murder was justified and that it was not vitiated by the fact that the Sessions Judge felt himself unable to question the accused with regard to the evidence appearing against her, inasmuch as there had been no miscarriage of justice.