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1973 Supreme(Mad) 372

K.S.VENKATARAMAN, S.MAHARAJAN, B.S.SOMASUNDARAM
Sessions Judge, Tirunelveli – Appellant
Versus
Perumal and another – Respondent


Advocates:
The Advocate-General, assisted by the Public Prosecutor, for State.
B. Sriramulu, amicus curiae under rule 242 of the Criminal Rules of Practice and Orders, 1958 for the Accused.

Venkataraman, J.- This is a reference by the learned Sessions Judge of Tirunelveli to transfer J.C. No. 264 of 1972 pending against juvenile Pandi, from the file of the Juvenile Court, Tirunelveli, to the Court of Session. The circumstances under which the reference has been made are these. A charge-sheet was filed by the Police in the Court of the Sub-Magistrate, Nanguneri, against two persons, one Perumal and his son, the said Pandi, on the allegation that Pandi committed an offence of murder (section 302 of the Indian Penal Code) and that the father abetted the commission of the said offence and was punishable under section 302 read with section 34 or section 302 read with section 109, Indian Penal Code . At the time of the filing of the charge-sheet Pandi was less than eighteen years age and was a young person as defined in section 3 of the Madras Children Act, 1920. The case against him was split up, and the case against the father was taken on file by the Sub-Magistrate, Nanguneri, as P.R.C. No. 21 of 1972. Then a separate charge-sheet was filed against Pandi in the Juvenile Court, Tirunelveli, and it was taken on file as J.C. No. 264 of 1972. The trial of that case is pendin











































































































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