KOTHAVARANGA ALIAS GOVIADA PARIAYACAL AND OTHERS Vs. STATE

JUDGEMENT

(1.) The Petitioners herein, who are eight in number were committed for trial to the Court of Sessions at Cuddalore by the Sub-Magistrate. Kaliakurichi for offences under Section 147, 148, 323, 324 and 304 read with Section 149, I.P.C. There is a specific charge against the third Petitioner under Section 304 I.P.C. with a charge of constructive liability under Section 149, I.P.C. against the sent. On revision, the learned Sessions Judge has directed the committal of the third Petitioner for an offence under Section 302 and the other Petitioners under Section 302 read with Section 149, I.P.C.

(2.) The Petitioners Contend that this direction to the Sub-Magistrate to commit the. Petitioners for an offences under Section 302 read with Section 149, I.P.C. is erroneous .

(3.) Section 437 of the Code of Criminal Procedure under which the learned Sessions Judge has acted is as below: