Madhya Pradesh High Court
The State Of Madhya Pradesh vs Satya @ Satyanarayan Judgement Given ... on 10 December, 2013
1
M.Cr. C. No.6835/2009
10/12/2013.
Shri Rahul Jain, learned Dy. Advocate
General for the State.
Shri Manikant Sharma, learned counsel
for accused respondents.
This is a reference made by the 13 th Additional Sessions Judge, Bhopal along with records of Session Trial No.292/2007 - State of M.P. Vs. Satyanarayan & Others, the accused herein were convicted and put to trial for having committed offences under Section 120B, 302/149 of IPC and they have been convicted for the aforesaid offence. However, at the stage of hearing them on the question of sentence, the learned Session Court came to the conclusion that the accused persons do not understand Hindi, the language of the Court and therefore, the matter has been forwarded to this Court for passing appropriate orders in exercise of its jurisdiction under Section 318 of Cr.P.C.
Having heard learned counsel for the parties and on a perusal of the record, we are of the considered view that once the trial has been concluded and an order of conviction has been passed, then for the purpose of hearing the accused persons or the convicted persons on the question of sentence and thereafter passing an order of sentence, the learned Session Court 2 M.Cr. C. No.6835/2009 can very well appoint a Translator who know the language of the accused persons and with the assistance of the translator, the legal position and the factual aspect of the matter can be explained to the accused person and through their counsel they can make submission with regard to the sentence and after doing so order of sentence can be passed.
That being the position, we remand the matter back to the Sessions Court with a direction to appoint an appropriate Translator authorized and conversant with the language of the accused persons. Thereafter, hear the accused persons through the Translator on the question of sentencing and pass an appropriate order of sentence in accordance with law.
With the aforesaid answer to the reference made, this application stands disposed of.
Records and other documents received be transmitted back to the Sessions Court for proceeding in the matter immediately.
c.c. as per rules.
(Rajendra Menon) (Anil Sharma)
Judge Judge
mrs.mishra