The words taking cognizance of an offence as used in S. 200 “connote in a concise form the receiving of the complaint as well as competency of the Magistrate to receive it and the purpose for which the complaint is made” (Code of Criminal Procedure by Chitaley and Rao at page 1235/ 4th Edition. ) (6) One of the objects of an examination under S. 200 is to ascertain the facts constituting the offenc [...] The learned Magistrate in the present case has acted quite reasonably in adjourning the case at the re- quest of the accused on the ground that out of the 9 P. Ws. [...] (4) The recommendation made in this reference by the learned Sessions Judge is accepted and it is ordered that the Magistrate should proceed with the case after the examination of the complainant as required by S. 200 of the Code. [...] The father fell on the ground after going a few paces and died; The matter was reported to the police who came on the spot the same night and started investigation which culminated in the chalan of the accused under S. 304, I. P. C. (3) The post-mortem examination resulted in the finding of 3 ribs (8 to 10) fractured and spleen ruptured due to striking of the fractured ribs. [...] The prosecution evid- ence leave no doubt in the mind that the ap- pellant gave two blows to the deceased with a bamboo stick, one on the left hand and the other on the left side of the chest when the deceased had raised his left arm in self-de- fence of the attack.
- Pages
- 16
- Published in
- India
- SARF Document ID
- sarf.100075
