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In Re: a Deaf and Dumb Man - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtMumbai
Decided On
Case NumberCriminal Reference No. 64 of 1906
Judge
Reported in(1906)8BOMLR849
AppellantIn Re: a Deaf and Dumb Man
Excerpt:
criminal procedure code (act v of' 1898), section 340-trial of a deaf and dumb man-summary trial-reference to high court.; where the accused is deaf and dumb it is inconvenient to try him summarily. in such a case, attempt should be made to find out whether the accused has any friends or relatives who are accustomed to communicate with him. the magistrate should make inquiries about his antecedents and ordinary mode of life and the manner in which he has communicated within the ordinary affairs of life. - aston j.1. the summary mode in which the trial has been conducted seems to us to be inconvenient the case being one in which the accused was deaf and dumb. the record contains no indication that any attempt was made to find out whether the accused had any friends or relatives who were accustomed to communicate with him. the magistrate should have made enquiries about his antecedents and ordinary mode of life and the manner in which he was communicated with in the ordinary affairs of life. this should now be done. a retrial will be necessary if it is found that the accused can be made to understand the proceedings. we accordingly order under section 341 that the conviction and sentence be set aside and; the case must be re-tried by the magistrate having regard to the above remarks.
Judgment:

Aston J.

1. The summary mode in which the trial has been conducted seems to us to be inconvenient the case being one in which the accused was deaf and dumb. The record contains no indication that any attempt was made to find out whether the accused had any friends or relatives who were accustomed to communicate with him. The Magistrate should have made enquiries about his antecedents and ordinary mode of life and the manner in which he was communicated with in the ordinary affairs of life. This should now be done. A retrial will be necessary if it is found that the accused can be made to understand the proceedings. We accordingly order under Section 341 that the conviction and sentence be set aside and; the case must be re-tried by the Magistrate having regard to the above remarks.


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