In Re: Arumugam

Type Court Judgment Court Chennai Decided Jan 27, 1909

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https://sooperkanoon.com/case/795929

Citation: sooperkanoon.com/795929
Court: Chennai
Judge: Munro and ;Abdur Rahim, JJ.
Decided On: Jan 27, 1909
Subject: Criminal

Parties & Advocates

Appellant / Petitioner

In Re: Arumugam

Legal References

Reported In: 4Ind.Cas.1134a

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Excerpt

penal code (act xlv of 1860), sections 307 and 324 - at tempt to commit murder--prima facie case--commitment, necessity for. - order1. the act of the accused in stabbing prosecution witness no. 1 amounts prima facie, on the evidence to an attempt to commit murder, and the depute magistrate should have committed the case to the sessions and not tried it himself. we, therefore, set aside the conviction and direct that the accused be committed to the sessions on changes of attempt to murder arumugam under section 307, indian penal code, and of voluntarily causing hurt to sittan and jambulingam by means of an instrument for stabbing under section 324, indian penal code.

Full Judgment

ORDER

1. The act of the accused in stabbing prosecution witness No. 1 amounts prima facie, on the evidence to an attempt to commit murder, and the Depute Magistrate Should have committed the case to the Sessions and not tried it himself. We, therefore, set aside the conviction and direct that the accused be committed to the Sessions on changes of attempt to murder Arumugam under Section 307, Indian Penal Code, and of voluntarily causing hurt to Sittan and Jambulingam by means of an instrument for stabbing under Section 324, Indian Penal Code.