Order: This is a reference made by the learned Additional District Munsiff Magistrate, Udipi in P.R.C. No. 1 of 1963 on his file. In that case one Jalaja and her son Vasu were committed to the Court of Session, South Kanara, under section 207-A (10), Criminal Procedure Code, to take their trial under sections 302 and 355 read with section 34, Indian Penal Code, for the murder of one Parvathi. The learned Magistrate has come to the conclusion that accused Vasu is deaf and dumb and that he cannot be made to understand the proceeding going on in Court. Hence he has made a reference to this Court under section 341, Criminal Procedure Code. Now this Court has to decide as to what directions should be given to the trial Court in the matter of the trial of Vasu. Vasu is no doubt deaf and dumb. But it does not absolve him From criminal liability if he is guilty of the offences with which he is charged. No provision of law is brought to my notice exempting deaf and dumb persons from punishment for offence committed by them. Quite clearly, deaf and dumb persons are as much liable to be punished for offences committed by them as any other person is. But, with a view to protect the interests of deaf and dumb persons, the Committing Magistrate, in a committal proceeding, is required to report to the High Court under section 341, Criminal Procedure Code, the fact that one or more of accused committed to take his or their trial in a Sessions Court is or are deaf and dumb and that he or they are unable to understand the proceedings, so that the High Court may issue necessary directions to the trial Court to safeguard the interests of the deaf and dumb persons. See State v. Radhamal Sangatmal Sindhi1, and In re: Pithambaran2. In this case, there is a positive finding by the learned Magistrate to the effect: that he was personally satisfied that accused Vasu is a deaf and dumb person and that he cannot be made to understand the proceedings going on in Court. The conclusion of the Magistrate that accused Vasu is a deaf and dumb person can be accepted without any difficulty. But it is not possible to accept his conclusion that the accused cannot be made to understand the proceedings going on in Court. The conclusion of the Magistrate that accused Vasu is a deaf and dumb person can be accepted without any difficulty. But it is not possible to accept his conclusion that the accused cannot be made to understand the proceedings going on in Court. He has given no reason in support of that finding. It is not known whether he had tried to see if it is possible to communicate with accused Vasu either through his close relations or through friends or through experts. If the prosecution version as regards that occurrence is correct, it is clear that accused Vasu can be made to understand Court-proceedings as it appears that his relations were able to communicate with him-may be, by signs. It is more than likely that close relations and friends of Vasu are in a position to communicate with him. It is also possible to secure the services of experts who will be able to communicate with deaf and dumb persons; All that this Court has got to see is that the interests of accused Vasu are protected to the maximum possible extent. With this object in view, I direct the trial Court as follows: That Court shall proceed on the basis that the accused has pleaded not guilty. Unless accused Vasu engages the services of an Advocate of his choice, the Court shall make available to him the assistance of an efficient Criminal Lawyer. It shall secure the services of a relation or a friend of accused Vasu who is in a position to communicate with him to communicate to him the Court proceedings; but in so doing, the Court must bear in mind the fact of the possibility of conflict of interest between the two accused. In the context of this case, it may be best to secure the services of an expert to communicate with accused Vasu. If it becomes necessary to secure the services of an expert, the remuneration of the expert should be paid by the Government. The trial Court shall also make available to accused Vasu such other necessary facilities which may be of assistance in securing a fair trial. Now, the papers will go back to the learned Sessions Judge, South Kanara, Mangalore, with a copy of this order. A copy of this order will also be communicated to the learned Additional District Munsiff-Magistrate, Udipi. S.V.S. ----- Order accordingly.