STATE OF RAJASTHAN Vs. GANI MOHD

JUDGEMENT

(1.) THIS Misc. Petition arises out of the reference made by the learned ACJM, Badi Sadri, District chittorgarh on 28. 1. 05 with regard to seeking direction under Section 318 of the criminal Procedure Code, in short "the Code", in cr. Regular Case No:503/98 "state v. Gani mohd," with regard to the judgment and order of sentence passed on 5. 2. 2001 and 7. 2. 2001 respectively.

(2.) HEARD learned Public Prosecutor as well as learned counsel appearing for the accused Gani Mohd.

(3.) UPON perusal of the record of the case and the judgment, it appears that the learned Magistrate has made a reference under Section 318 of the Code on the order of sentence dated 7. 2. 01 after pronouncement of judgment on 5. 2. 01. Under Section 318 of the Code, if the accused, though not of unsound mind, cannot be made to understand the proceedings, the Court may proceed with the inquiry or trial and in the case of a Court other than a High Court, if such proceedings result in a conviction, the proceedings shall be forwarded to the High court with a report of the circumstances of the case and the High Court shall pass thereon such order, as it thinks fit. According to this Section, it applies when, though accused is not of unsound mind but he cannot understand the proceedings. Form the order of the learned Magistrate dated 7. 2. 2001. it appears that the accused is an old man of 60 years; he cannot see from his eyes; he is also deaf and dumb but he has been found guilty for the offences under sections 279 and 304a IPC for causing death of one Balmukund, while driving cycle on the road in a rash and negligent banner.