evidence of deaf and dumb witness
a deaf and dumb person is a competent witness. If in the opinion of the Court, oath can be administered to him/her, it should be so done. Such a witness, if able to read and write, it is desirable to record his statement giving him questions in writing and seeking answers in writing. In case the witness is not able to read and write, his statement can be recorded in sign language with the aid of interpreter, if found necessary. In case the interpreter is provided, he should be a person of the same surrounding but should not have any interest in the case and he should be administered oath.
State of Rajasthan Vs. Darshan Singh @ Darshan Lal
[Criminal Appeal No.870 of 2007]
Dr. B.S. CHAUHAN, J. l.
1. This Criminal Appeal has been preferred against the judgment and order dated 29.5.2006 in D.B. Criminal Appeal No. 96 of 2003 passed by the High Court of Judicature for Rajasthan at Jodhpur setting aside the judgment and order dated 15.1.2003 passed by the Additional Sessions Judge (Fast Track) Hanumangarh, convicting the respondent herein of the offences punishable under Section 302 of Indian Penal Code, 1860 (hereinafter referred as 'IPC') and imposing the punishment to suffer rigorous imprisonment for life and to pay a fine of Rs. 500/- in default to further undergo one month simple imprisonment.
