STATE OF M P Vs. PARMA

JUDGEMENT

(1.) THIS reference under Section 318, Cr. P. C. arises out of a judgment and order of conviction passed in S. T, No. 53/99 of Second Additional Judge to Sessions Judge, Guna at Ashoknagar whereunder the accused persons were found guilty of offence under Sections 147, 148, 302, 325, 324/149, IPC, however case of accused Hamira has been reserved and referred for passing order regarding imposition of sentence against him.

(2.) THE facts in brief shorn of details as they emerge from the perusal of the record and are necessary for the disposal of this case lie in a narrow compass: On 8-8-1998 at about 7. 00 p. m. complainant Munna Lal (P. W. 1) was surrounded by the accused persons, who were armed with lathis and farsa and was challenged for passing his plough from their field, however he was assaulted by all the accused persons with lathi and farsa. When his mother, brother deceased Bharosa, Udham Chand and Dulli Chand intervened, they were also assaulted by the accused persons. Lallu inflicted a fatal farsa injury on the head of the deceased Bharosa, which resulted in his death.

(3.) AT the time of the framing of charges against the accused persons, it was not found nor objected to on behalf of any of the accused persons that accused Hamira is deaf and dumb. The learned Trial Judge while recording his plea of not guilty to the charge also did not feel that Hamira is deaf and dumb. However, on 21-10-99, it is only at the time of recording the cross-examination of complainant, Munna Lal, an application under Section 318, Cr. P. C. was moved on behalf of accused Hamira to the effect that he is deaf and dumb and unable to understand the proceedings against him. In view of the matter, the evidence recorded so far could not be used against him and the case deserves to be referred to the High Court for issuance of necessary directions. The learned Trial Court after interrogating accused Hamira at this stage although found him to be deaf and dumb but not to the extent so as to find him unable to understand the proceedings of the Court. The learned Trial Court further held that even if an accused is found to be deaf and dumb, the trial cannot be held up but has to be proceeded on and the case can be referred to the High Court under Section 318, Cr. P. C. only when he is found guilty of the offence with which he is charged.