KADIAM SATYAM Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) This is a criminal revision case filed against the order made by the learned District Magistrate of West Godavari in C. R. P. No. 23 of 1950.

(2.) The facts are: The petitioners before us were charged for offences under Sections 307 and 325 I. P. C. of having attempted to murder P. W. 1 and causing him grievous hurt. The learned Sub Magistrate after hearing prosecution evidence discharged the petitioners of the charge under Section 307 and directed that the trial should be proceeded with under Section 325 I. P. C. The case was converted from a P. R. enquiry into a calendar case.

(3.) Thereupon the prosecution moved the learned District Magistrate of West Godavari, Mr. Gwynne and he came to the conclusion that the learned Sub Magistrate was not justified in dropping the charge under Section 307 and proceeding only with the offence under Section 325 and directed the committal of the accused to the sessions under Sections 307 and 325 I. P. C. Hence this revision petition.