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1977 Supreme(Ker) 104

P.JANAKI AMMA
STATE OF KERALA – Appellant
Versus
VIJAYAN – Respondent


Judgment :-

1. As per the order in P.E. 4 of 1975, the Judicial Magistrate of the Second Class, Haripad, committed the five accused persons in this case for trial of offences punishable under S.143. 147, 148, 149, 324 and 307 of the Indian Penal Code. The Additional Sessions Judge, Mavelikara before whom the case came up for trial perused the records in the case, heard the State and the accused and held as per the order dated 23rd June, 1975 that only offences punishable under S.143,147,148,149 and 324 IPC. appeared to have been committed by the accused. Accordingly charges under the above sections were framed against the accused. Since the offences disclosed were not exclusively triable by the Court of Session, the case was transferred to the Chief Judicial Magistrate, Alleppey, under S.228 of the Code of Criminal Procedure for trial and disposal according to law. The Chief Judicial Magistrate registered the case as C.C. 222 of 1975. After the accused appeared, pw.1 was examined. Basing on his evidence and Ext. P1, the first information statement, the Chief Judicial Magistrate came to the conclusion that an offence under S.307 IPC was also disclosed. The court, therefore, again co












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