STATE OF KERALA Vs. VELAYUDHAN

JUDGEMENT

(1.) THIS revision case is based on a letter addressed by the ii Additional Assistant Sessions Judge, Kozhikod e. Few facts need mention.

(2.) A case under Section 306 I. P. C. was filed against two accused and of them the second accused is a person working in the Army. The learned Magistrate committed the case to the Court of Session and the same was made over to the II Additional Assistant Sessions Judge by the Sessions Judge, Kozhikod e. It is stated that the second accused, who is a military personel, committed an offence while he was on leave. When the accused was produced before the Magistrate, the Magistrate was not appraised of the fact that the second accused is a military personal and as such the learned magistrate, thinking him to be a civilian, committed him to take his trial before the Sessions Court. On receipt of the records, the learned Additional sessions Judge entertained a doubt as to the legality of the order of committal as one of the accused is a military personnel. As the learned Sessions Judge was of the view that the committal was illegal, he has addressed a letter to the registry as stated above.

(3.) THIS Revision Case is ordered accordingly. Order accordingly. . .