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1957 Supreme(Kar) 19

MALIMATH, H.HOMBE GOWDA
STATE OF MYSORE – Appellant
Versus
ANJANI – Respondent


( 1 ) THIS is a reference under Section 307 of the Code of Criminal Procedure made by the additional Assistant Sessions Judge, Bangalore in Bangalore Sessions Case No. 12 of 1956 in the following circumstances:

( 2 ) THE accused Anjani was put on his trial for an offence under Section 436 of thy Indian Penal code on the allegation that he intentionally committed mischief by setting file to the dwelling house (hut) belonging to one Poojamma in A. K. Hatti attached to Thimmasandra village, nelamangala Taluk on 24-5-1956, before the Additional Assistant Sessions Judge, Bangalore. The case was tried with the aid of Jury. The Jury returned an unanimous verdict of not guilty. The learned Additional Assistant Sessions Judge disagreed with the verdict of the jury. He was of the opinion that the accused was guilty End has therefore made this reference under Section 307 of the Code of Criminal Procedure to this Court for such orders as this Court may deem fit in the circumstances of the case.

( 3 ) IT may at once be stated that the reference made by the learned Additional Assistant Sessions judge is not a proper reference as the letter of the learned Judge does not set out the grounds of op




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