ORDER :- (SOMASUNDARAM, J.) :- This is an appeal from the judgment of the learned Sessions Judge of Coimbatore, in S. C. No. 24 of 1956, in which the accused Rangaswami Goundan has been sentenced to death for the murder of his mother. We set aside the conviction and sentence and order a retrial and the reasons for the order will be given later. The accused will be tried by the Additional Sessions Judge of Coimbatore.

2. JUDGMENT :- (SOMASUNDARAM, J.) :- This is an appeal against the sentence of death passed on the appellant by the learned Sessions Judge of Coimbatore in S. C. No. 24 of 1956 on his file. We do not propose to go into the merits of the case as we are ordering retrial on a question of law that has been raised before us.

3. The point that is taken before us is that the provisions of S. 173 (4), Criminal P. C., have not been complied with. Sub-s. (4) of S. 173, Criminal P. C., is in these terms :

"After forwarding a report under this section the officer in charge of the police station shall before the commencement of the enquiry or trial, furnish or cause to be furnished to the accused, free of cost, a copy of the report forwarded under sub-s. (1) and of the first