1. In this case the record and proceedings have been submitted to us under Section 341 of the Criminal Procedure Code to pass thereon such order as the Court thinks fit. The accused is deaf and dumb and he has been convicted of attempting to commit suicide. His apparent reason for making this attempt is that his brother had refused to partition the lands which they jointly held. The reason given seems an inadequate one. Litigation would seem a more ordinary remedy, but the unhappy condition of this unfortunate man must to my mind weigh very largely in his favour in considering what course we ought to take under the present circumstances.
2. As far as the authorities go, in King-Emperor v. Monya (1902) 4 Bom. L.R. 296 the accused was acquitted, as the Court considered that it was not established that he knew the nature of the not committed or that he acted with a dishonest intention. In Emperor v. A Deaf and Dumb Accused (1916) 18 Bom L.R. 553 a deaf and dumb man was convicted of theft: and in In re A Deaf and Dumb Man : (1906)8BOMLR849 the Court remanded the case to the Magistrate to make enquiries about his antecedents and his ordinary mode of life and as to how he ordinarily made communications with his relatives and others.
3. In the present case it would appear that the accused made certain signs to signify what took place, as will be found on reading his statement on page 11. It is not shown to us how the specific questions put to the accused were communicated to him. Unfortunately the learned Magistrate does not say definitely whether the accused is able to read or write and consequently to communicate with people in that way. But on the whole I do not think it necessary to have this case remanded or to direct a retrial. I think the justice of the case will be met if we affirm the finding that he is guilty of the offence and convict him accordingly of an attempt to commit suicide and direct that he be sentenced to one day's simple imprisonment. At the same time the First Class Magistrate at Karad should be requested if practicable to admonish the accused, and to point out to him that it is wholly improper for him to attempt to take his own life as a remedy for his brother's conduct.
4. On the whole I have considered it inadvisable to proceed under Section 562 of the Criminal Procedure Code as it does not appear clear whether the accused would be capable of entering into the bond and so on for good behaviour which is indicated in that section.
5. I agree.