LAWS(ORI)-1969-1-10

BEDA Vs. STATE OF ORISSA

Decided On January 14, 1969
BEDA Appellant
V/S
STATE OF ORISSA Respondents

JUDGEMENT

(1.) THIS is a reference Under Section 341 Cr. P. C. by the Sub-divisional Magistrate. Athmallik forwarded by the Sessions Judge, Cuttack-Dhenkanal. This pertains to Beda alias Suramani Sahu (accused No. 3) who along with two others charged with offences Under Sections 302, 324 and 323 read with Section 34 I. P. C. has been committed to take his trial before the Court of Session. After making the commitment, the learned Magistrate has made the present reference having come to the conclusion that the said accused who is deaf and dumb is incapable of being made to understand the proceedings.

(2.) SHRI A. B. Misra, learned counsel appearing for the State points out that before making the reference, the learned Magistrate should have made adequate enquiries about the antecedents of the said accused, an endeavour to find out as to how his friends and close relatives are accustomed to communicate with him in ordinary affairs, got him kept under medical observation and thereafter recorded his own conclusions. In this case, no such steps appear to have been taken and the learned Magistrate seems to have come to his conclusions on the basis of his impression and made this reference. Therefore, learned counsel for the State suggests, as was done in a Kerala case reported in AIR 1957 Ker 9, In re: Padmnabhan nair Narayanan Nair, to issue necessary directions to the Sessions judge. who is to try the case, to ascertain and satisfy himself whether the said accused can be made to understand the proceedings and thereafter proceed with the trial.

(3.) THE learned committing Magistrate has simply observed as follows: