Law:

Section:

(a) Criminal Procedure Code (V of 1898), S. 209 read with S. 253 - Commitment case - Order of Magistrate discharging accused under section 253, held, not proper. (b) Criminal Procedure Code (V of 1898), S. 209-Inquiry preliminary to commitment-Magistrate in first instance, to decide of what offence accused should be charged, and thereafter to say whether to commit accused to Court of Session or to try under his own powers. JUDGMENT CORNELIUS, C. J.-As we do not propose to interfere with the order for retrial, it is desirable that we should say nothing about the facts of the case. We observe, however, that the learned Single Judge in the High Court has directed that a charge should be framed under section 302, P. P. C. and that the case should go for trial to a Sessions Court. There are indications on the record that the challan was put up under section 304, P. P. C. and on referring to the tally of injuries observed on the corpse of the deceased, we are able to see the reason for the doubt so appearing. In none of the three judgments delivered in the case by the Courts below has the question been examined of the nature of the offence, as revealed by the injuries found. We do not propose to express any opinion on the point ourselves. The matter is justiciable, and should be decided by the ordinary procedure. The case is one of death by violence, and we agree…

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