VELU Vs. INSPECTOR OF POLICE

JUDGEMENT

(1.) THE accused, who has been charged under Section 302 of IPC but was convicted under Section304 (ii) of IPC by the learned Principal Sessions Judge, Perambalur, is the appellant herein.

(2.) THE learned committal Court/ Judicial Magistrate , Perambalur, after taking the case under PRC No. 40 of 2000 had issued summons to the accused and on his appearance copies under Section 207 of Cr. P. C. were furnished to the accused and committed the case to the Court of Sessions under Section 209 of Cr. P. C, since the case is exclusively triable by a Court of Sessions. The learned Sessions Judge, on appearance of the accused, had framed charge under Section 302 of IPC and when questioned the accused pleaded not guilty.

(3.) BEFORE the trial Court, P. Ws 1 to 16 were examined. Exs P1 to P10 were exhibited and M. Os 1 to 3 were marked.