AIR 1959 KERALA 165 ::1959 MadLJ(Cri) 865 ::1958 Ker LT 1013 ::1958 Ker LJ 1158

Kerala High Court

Hon'ble Judge(s): K. T. Koshi , C.J. AND M. S. Menon , J

(A) Criminal P.C. (5 of 1898) , S.341— Deaf-mute - Duties and powers of trial Court. The provisions of Sec. 341 can be invoked only when the accused is unable to follow the proceedings. The court making the reference should record a finding as to whether the accused, though a deaf-mute had sufficient intelligence to -understand the criminal character of the act committed by him : Case law Ref.(Para 2 3) To sustain a conviction against such a person, the court trying him should not only be satisfied that he is sane but also that he is of sufficient intelligence as to know the criminal nature of the act her commits.(Para 10) Anno : AIR Com., Cr. P.C. S. 341, N. 2. (B) Criminal P.C. (5 of 1898) , S.341— "High Court shall pass thereon such order as it thinks fit". Penal Code (45 of 1860), S.302.Sentence - Deaf-mute. There is no provision in the Indian Penal Code under which a person found to be guilty of an offence could be exempted from punishment merely because he is deaf and dumb. Hence where a sane deaf-mute is convicted the offence of murder the High Court can pass the minimum sentence of life imprisonment prescribed by law for the offence in exe....