The District Magistrate of the revenue districts of Nagpur, Wardha, Jabalpur, Hoshangabad, Nimar, Amraoti, Akola, Buldana and Yeotmal, should so distribute criminal work that trials of offences under Sections 304, 307 and 306 of the Indian Penal Code, except those within the Narsinghpur sub-division, shall be by jury before the Court of Session, and not by Magistrates invested with powers under Section 30 of the Code of Criminal Procedure.Note 1. - The Instructions in this rule do not apply to attempts to commit or abetment of the offences under the specified Sections.Note 2. - The notification reproduced in Chapter 8, Rule 224, merely directs that certain offences, when committed to the Court of Session, shall be tried by jury. It does not direct that such offences shall be committed to the Court of Session. It follows that Magistrates empowered under Section 30 of the Code and the Court of Session have concurrent jurisdiction in certain cases. The normal rule is that magistrates empowered under Section 30 of the Code should try all cases within their competence, the directions in the body of Rule 36 forming an exception to this general rule.
