2023 YLR 1727
Deaf and dumb accused able to understand court proceedings---Scope---Accused was charged for committing murder of the parents of complainant by inflicting knife blows---In the present case, though the accused claimed himself to be deaf and dumb but S. 341, Cr.P.C., did not apply in the present case because the pre-requisite of S.341, Cr.P.C. was that the accused though not insane, could not be made to understand the proceedings---However in the present case the accused was able to understand the proceedings of the case---At the time of framing of the charge against the accused, a meeting was held between elder brother of the accused and Headmistress of Deaf and Defective Hearing School, for the purpose of understanding the stance/reply of accused regarding the allegation levelled against him---Both the said interpreters of the accused stated that they were in a position to submit the reply/stance of the accused---Thereafter, the questions/query regarding the framing of charge were also put up to accused through his interpreters, Headmistress, as well as his elder brother who communicated the questions of the Court to the accused and recorded the reply/stance of the accused by interpreting his signs and gestures---Ultimately, the charge was framed against the accused---Thereafter, at the time of recoding of all the prosecution witnesses, brother of the accused remained present as his interpreter on each and every date of hearing---Moreover, the statement of the accused under S. 342, Cr.P.C., was recorded in presence of real brother of accused, who explained questions put to him with hand signs and got recorded answers according to the replies of accused, which he gave with hand signs of his brother---Neither was it agitated during the proceedings of the case that the accused was unable to understand the proceedings nor any application was filed in that regard---Real brother of accused was examined as defence witness, and according to his statement the accused was deaf and dumb since his childhood and being the real brother, he understood sign and gestures/symbols of accused, however, sometimes some signs were not understood by him---Said defence witness had never taken the stance that at the time of framing of charge against the accused, recording of evidence and statement of accused under S. 342, Cr.P.C. he could not convey/interpret the signs and gestures of the accused---Moreover, the accused was represented by two counsels who fully represented the accused and cross-examined the prosecution witnesses at length---Said counsels had also not filed any application during the whole trial that the accused could not understand the evidence recorded in his presence and was unable to reply to the questions of the Court---Trial Court had fully observed and taken care of the provisions of S. 361, Cr.P.C.---Hence the accused who claimed himself to be deaf and dumb was able to understand the proceedings through an interpreter i.e. his real brother---Circumstances established that the prosecution had proved its case against the accused beyond any doubt--
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