VILLALAN Vs. STATE

JUDGEMENT

(1.) THE accused, who has faced the charge under Section 304 (ii) IPC before the Assistant Sessions Judge, Pondicherry, is the revision petitioner herein.

(2.) THE brief facts of the case of the prosecution relevant for deciding this revision petition are as follows:-On 28. 07. 2000 at about 14. 30 hours the accused in a heat of passion upon a sudden quarrel gave a blow on the face of the deceased Raji, S/o. Mani, which resulted in his death. Hence, the accused was charged for an offence of culpable homicide not amounting to murder [304 (ii) IPC].

(3.) THE committal Magistrate had furnished copies to the accused under Section 207 of Cr. P. C. on his appearance on summons. Since the case is exclusively triable by the Court of sessions, the learned committal Magistrate had committed the case under Section 209 of Cr. P. C. , to the court of Sessions. The learned Sessions Judge, on appearance of the accused before him had framed charge under Section 304 (ii) IPC and when questioned the accused pleaded not guilty. Before the trial Court P. W. 1 to P. W. 10 were examined and Ex. P. 1 to Ex. P. 9 were marked.