PACKYARAJ & OTHERS Vs. STATE AND MUTHUPANDI

JUDGEMENT

(1.) The criminal original petition has been filed challenging the order passed by the Assistant Sessions Judge, Sivagangai, dated 29.07.2011 in S.C. No. 139 of 2005. It is seen that the learned Assistant Sessions Judge has re-transmitted the case bundle to the Sessions Court, Sivagangai. It is seen that the petitioners herein are arrayed as A1 to A3 in the case, which was registered for an offence punishable under Section 304(B) IPC. After the committal order, the learned Principal Sessions Judge, Sivagangai has made over the case to the Assistant Sessions Judge, Sivagangai for trial, according to law.

(2.) It is not in dispute that charges were framed by the Assistant Sessions Judge. Since the petitioners/accused pleaded not guilty, the case was posted for trial and 13 prosecution witnesses were examined.

(3.) As contended by the learned counsel appearing for the petitioners, P.W.1 alone was cross-examined by the petitioners/accused. On the aforesaid stage, the learned Assistant Sessions Judge, passed an order, whereby re-transmitted the case to the Sessions Court, Sivagangai, citing a decision rendered by the Hon'ble Supreme Court in Rajbir vs. State of Haryana, 2011 AIR(SC) 568, on the ground that Section 302 IPC has to be incorporated, as the case was originally filed under Section 304(B) IPC. Aggrieved by the said order passed by the Assistant Sessions Judge, the petitioners/accused have come forward with this petition under Section 482 Cr.P.C.