C M RAGHAVAN Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) This reference made by the Sessions Judge of North Malabar raises the question whether omission to examine the accused under Section 312, Criminal P. C., who was permitted to appear by counsel under Section 205, Criminal P. C., and whose counsel filed a statement on his behalf vitiates the trial.

(2.) The accused in the cage was charged under Section 323, Penal Code, before a Bench of First Class Magistrates. In the course of the trial accused 1 was granted exemption from personal attendance under Section 205 Criminal P. C., as he was employed as a Havildar Clerk at Bombay. The Bench Magistrates believed the prosecution evidence that accused 1 along with accused 2 caused simple hurt to P. W. 1 and convicted the accused of an offence under Section 323, Penal Code.

(3.) Both the accused filed a revision petition before the Sessions Judge against the conviction and sentence passed upon them by the First Class Bench, contending that the conviction of the petitioners was illegal as accused 1 was not questioned under Section 342, Penal Code. Accepting the contention of the petitioners the Sessions Judge has made this reference recommending the quashing of the conviction of the petitioners.