STATE OF MYSORE Vs. VENKAPPASETTY AND ANOTHER

JUDGEMENT

(1.) THIS petition by the State is directed against an Order made by the First Class Magistrate, Hassan, in C.C. No. 912 of 1971 and the Order of affirmance made by the learned Sessions Judge at Hassan, in Cr. R. P. No. 7 of 1971.

(2.) A charge sheet was placed by tha Police of Sakleshpur against the respondents, levelling charges under Sections 302 and 324 read with 34, IPC Apart from the two respondents herein, there was another accused by name Sadhu. In view of the fact that Sadhu had been alleged to be a minor, separate proceedings were instituted against him under Juvenile Offenders Act. We are not concerned with his case for the present.

(3.) IT is seen from the Order made by the learned Magistrate under Section 207 -A, that the question relative to the charge under Section 34, IPC has not been examined, But the learned Sessions Judge, in a brief order, while affirming the order of the learned Magistrate, has examined that question and come to the conclusion that the case under Section 34, IPC had not been Established. Hence this petition by the State.