Law: Criminal Procedure Code (V of 1898)

Section: 341,34

Criminal Procedure Code (V of 1898), Ss. 341 and 34 Pakistan Penal Code-Deaf and dumb accused-Whether incapable of being held guilty vicariously by application of S. 34 Pakistan Penal Code-Interpreter of signs and gesturer should be an independent person. It cannot be laid down that a deaf and dumb person cannot form an intention common with another person to commit an offence, but before such an inference is drawn, the evidence with regard to it must be very cogent. On facts of case it was held that section 34 did not apply and that on facts of case the deaf and dumb accused was not vicariously liable for murder. Before section 341 of the Code of Criminal Procedure can apply the following things must be held to exist :-(i) that the accused is not insane, (ii) that though not insane the accused cannot be made to understand the proceedings to which he is a party. It is open to the High Court to pass any order it considers fit in the circumstances of the case. That order may be of sending the case back to the trial Court, to acquit the accused or, if he is proved to be guilty, to pass on him any sentence allowed by law. JUDGMENT SHABIR AHMAD, J.-Muhammad Aslam and his brother Muhammad Husain, who were tried by the learned Sessions Judge, Rawalpindi, under section 302/34 of the P. P. C. for the murder of Sangar Khan and under section 323/34 P. P. C. for voluntary causing simple hurts to Mst. Karim, Jan and Mst. Akhtar-un-Nisa, were found guilty on both the charges. Muhammad Aslam was sentenced to transportation for life for the offence of murder and a concurrent sentence of six month's rigorous imprisonment for the offence of causing simple hurt. No sentence, however, was passed on Muhammad Husain, whose case was referred to this Court under section 341 of the Code of Criminal Procedure as he is deaf and dumb. Muhammad Aslam has presented the present appeal and the reference relating to Muhammad Husain accused is also before us as Criminal Revision No. 657 of 1953. This order will dispose of the appeal as well as the revision petition. The incident out of which the case arises occurred within the area of village Kahuta in the Rawalpindi District at about 5-40 a.m.…

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