1. The State has preferred this revision to correct a palpable error made by the learned Sessions Judge of Nagercoil in awarding the sentence upon a person whom he convicted of murder and to have a proper sentence passed by invoking this Court's power to enhance a sentence passed by a subordinate court. The occurrence which gave rise to the case (Sessions case No. 7 of 1952) took place on 25.4.1951 ie., after the Indian Penal Code was extended to this State under the Part B States (Laws) Act, 1951. S. 302, Indian Penal Code, enacts that whoever commits murder shall be punished with death, or transportation for life, and shall also be liable to fine. The learned judge found that the accused before him "had committed an offence of murder punishable under S. 302 IPC" and in recording that finding he said:

"As for the charge of murder under S. 302, IPC, I have already found in para 10 supra that the accused inflicted the fatal multiple injuries on Meenakshi with the intention of causing her death, without any justification what so ever. I have also found that there were practically no mitigating circumstances made out. Therefore the accused had committed an offence of murder