STATE OF KERALA Vs. SHAJAHAN @ IRACHI SHAJI

JUDGEMENT

(1.) The State is the petitioner in this revision petition filed under Sec. 397 read with Sec. 401 of the Code of Criminal Procedure, 1973 (Code).

(2.) The petitioner seeks to set aside the order of the Judicial Magistrate of the First Class for the trial of forest offences, Nedumangad dtd. 7/12/2016 in C.P.No.36 of 2016. By that order, the learned Magistrate committed the case to the Court of Sessions, Thiruvananthapuram, where it was taken on file as S.C.No.122 of 2017. Pointing out that, the learned Magistrate did not comply with the provisions of Sec. 306(4)(a) of the Code, that order is sought to be set aside.

(3.) Respondents No.1 to 3 are the accused. The offences alleged against them are punishable under Ss. 120B, 364 and 302 read with Sec. 34 of the Indian Penal Code, 1860 (IPC). The facts of the case, in brief, are that respondent Nos.1 and 3 took forcibly the deceased between 2.00 p.m. and 3.00 p.m. on 27/9/2015 from his house and took him in the autorikshaw driven by the 2nd accused. Inside the autorikshaw, he was stabbed by the 1st accused at his chest using a knife and thrown out of the autorikshaw. Respondent No.1 later boarded a pick up van driven by the 4th accused in the case and escaped. The deceased succumbed to the injuries.