STATE OF MYSORE Vs. SEETHARAM

JUDGEMENT

(1.) This Revision Case arises out of a reference made by the learned Sessions Judge, South Kanara recommending that the order dated 22-9-1962 made by the Additional District Munsiff Magistrate, Udipi in P. R. C. No. 6 of 1962 committing the accused Seetharama to take his trial before the Court of Session for an offence under Section 302 of the Indian Penal Code, be quashed. In consequence of the said order of commitment, Seetharama had to, be tried in Sessions Case No. 33 of 1962, in the Court of the Sessions Judge, South Kanara. But, before the trial could commence, an application was filed by the counsel food the accused; that application purported to be under Sections 435 and 438 read with Sections 464 and 465 of (he Criminal Procedure Code. It was alleged in that application that from the documents referred to under Section 173 (4) of the Criminal Procedure Code and produced before the Magistrate, there was every reason for the Magistrate to believe that the accused was a person of unsound mind and consequently incapable of making Ms defence; it was further alleged that on account of the non-compliance with the provisions of Section 464 of the Criminal Procedure Code, by the Magistrate, the order of committal was liable to be quashed. After hearing the Public Prosecutor and the counsel for the accused the learned Sessions Judge took the view that the mandatory provisions of Section 464 of the Criminal Procedure Code had been completely ignored by the committing Magistrate and that the committal order was liable to be quashed. That is why he made the reference out of which the present revision case arises.

(2.) No witnesses had been examined before the Committing Magistrate. In the course of his order, the committing Magistrate has stated as follows:

(3.) On a careful examination of the documents under Section 173(4) Cr. P. C., J am of the opinion that the accused should be committed for trial before the Court of Session and accordingly I framed charges against the accused for an offence under Section 302 I. P. C., read over and explained the charges to him and also furnished a copy of the same free of cost in the open court. The accused stated that he would file a list of witnesses before the Court of Session.