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1973 Supreme(Mad) 375

SOMASUNDARAM, VENKATARAMAN, MAHARAJAN
Sessions Judge, Tirunelveli – Appellant
Versus
Perumal and Another, Accused – Respondent


Advocates Appeared: B. Srivasalu, Amicus Curiae

Judgment :-

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 Perennial 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 I.P.C. At the time of the filing of the charge-sheet Pandi was less than eighteen years of 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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