S.NAGAMUTHU, J.

This reference has been made by the learned Principal Sessions Judge, Tirunelveli, under Section 395(2) of the Code of Criminal Procedure, 1973, raising as many as five questions of law for a decision by this court. Before going into the said questions, let us have a quick look into the back ground of the reference.

2. This is a case of death in a police encounter. The victim of the encounter was one Mr.Kittu @ Kittappa. The occurrence was on 13.06.2015. The police team was headed by a Sub Inspector of Police. He used a fire arm in the encounter. The said Sub Inspector of Police made a report about the occurrence upon which a case was registered under Section 174 of the Code of Criminal Procedure in Crime No. 119/2015 on the file of Suthamalli Police Station in Tirunelveli District. The said case was initially investigated by one Mr.N.Krishnaraj, the Inspector of Police, Suthamalli Police Station, Tirunelveli District. On his intimation, Mr.M.K.Mayakrishnan, the learned Judicial Magistrate cum District Munsif, Cheranmadevi, held inquiry under Section 176(1A) of the Code of Criminal Procedure and his report is awaited. The Inspector of Police during investigatio