SURINDER KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) A case Under Section 308 (abetment of suicide) read with Section 34, Indian Penal Code, was registered at Police Station Sangrur. After completing the investigation, the police, in their report (charge-sheet) Under Section 173 of the Code of Criminal Procedure, accused Rajinder Kumar, Smt. Parkash, Smt. Laj Gupta and Smt. Gauran of committing the crime. Column No. 2 of the report prescribed by the Punjab Police Rules, Vol, III, reads:

(2.) SUB-SECTION (1) of Section 170 of the Code of Criminal Procedure provides that if upon an investigation, it appears to the officer incharge of the police station that there is sufficient : evidence or reasonable ground to justify the forwarding of an accused to Magistrate, empowered to take cognisance of the offence, such officer shall do so and the Magistrate will try the accused or commit him for trial. Sub-section (2) of Section 173 of the Code provides that in the report, the above said officer shall inter alia state the names of the persons who appear to be acquainted with the circumstances of the case and the particulars of the persons, who appear to have committed the offence. Sub-section (5) of Section 173 of the Code lays down:

(3.) THE relevant part of Section 209 of the Code of Criminal Procedure reads: When in a case instituted on a police report or otherwise, the accused appears or is brought before the Magistrate and it appears to the Magistrate that the offence is triable exclusively by the Court of Session, he shall- (a) commit the case to the Court of Session.