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In Re: Arumugam - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtChennai
Decided On
Judge
Reported in4Ind.Cas.1134a
AppellantIn Re: Arumugam
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.
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.


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