STATE OF KARNATAKA Vs. DIYANATH ALI KHAN

JUDGEMENT

(1.) This revision by the State under Sections 397 read with 401, Cr. P.C. is directed against on order of the learned Munsiff and JMFC, Kunigal, dated 15-4-1991 holding that there is no prima facie material against the accused to commit the case under Section 209, Cr. P.C. for the offence under Section 307, I.P.C. and Section 27 of the Arms Act.

(2.) A short but important question which arises for consideration is whether the Committal Court has jurisdiction to discharge the accused for the offence triable exclusively by the Court of Session.

(3.) Facts in brief are these :The Sub-Inspector of Police Kunigal Police Station laid a charge sheet against the accused-respondent alleging offences under Section 307, I.P.C. and Sections 27 and 30 of the Arms Act. It is alleged that on 16-6-1990 at about 5-30 p.m. the respondent-accused who was the Manager of the Stud Farm, Kunigal, fired at CW. 1 with a gun "thereby does an act with such intention or knowledge and under such, circumstances that, if he by that time caused death, he would be guilty of murder and thereby committed an offence under Section 307, I.P.C."