STATE OF MYSORE Vs. SANJEEVA

JUDGEMENT

(1.) THIS reference is by the learned Sessions Judge, Shimoga Division, under Section 438, Code of Criminal Procedure, lord quashing the committal by the learned I and Magistrate, Chital drug of Accused 1, Sanjeeva Naika, in C C. 236/54 to take his trial in the Court of session lord an offence punishable under Section 302, I. P. C. along with four others who had already been committed lord an offence under Section 302 read with Section 114, I.P.C. in connection with the same occurrence, i.e. the alleged murder of one Papanna Reddy of Maradihalli a I: Gaudily village, Miriyur Taluk, on.

(2.) THE circumstances giving rise of the reference are as follows:

(3.) THE witnesses produced by the prosecution I were accordingly examined on that day and on subsequent dates of hearing. Eventually on 2 -5 -54 the learned Magistrate committed A -2 to A -5 to take their trial before the Court of session for an offence under Section 302 read with Section 114, I, P. C.