BALAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner Balappa has challenged the order of the Sessions Judge, Bijapur in Sessions Case No. 93 of 1983 dated 18th August, 1984, by which the learned Sessions Judge took cognizance of the offence under section 302 read with section 109 of the Indian Penal Code against the petitioner and directed issue of summons to him to appear before his Court on 29-8-1984 for being tried along with accused Nos. 1 and 2 in the said Sessions Case, who were proceeded with under section 302 read with section 34 of the I.P.C.

(2.) The matter arises in this way:

(3.) Two accused by name Kalingappa and Parasappa were charge-sheeted for an offence under section 302 read with section 34 I.P.C. for causing the death of one Bhimappa and they were tried for the said offence in Sessions Case No. 93/ 83 on the file of the Court of Sessions Judge at Bijapur The prosecution examined eight witnesses in support of the case. After examining those eight witnesses, an application was filed by the prosecution under section 319 of the Code of Criminal Procedure (the Code) requesting the Court to proceed against the petitioner as from the evidence adduced by the prosecution an offence punishable un der section 302 read with section 109 was made out against the petitioner. The learned Sessions Judge allowing the application passed the impugned order, the correctness and legality of which is sought to be assailed by the petitioner in this revision petition.