Arul vs The State Represented By
31.In this regard it would be useful to look into the decision of
this Court made in Crl.A.No.483 of 1984 in the matter of
Krishnamoorthy Vs State reported in 1989 Law Weekly Criminal 103,
wherein the Hon’ble Division Bench of this Court while allowing an
appeal against the conviction for an offence under Section 302 of
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I.P.C. held that in cases involving the case and a case in counter if the
above procedure is not followed by investigating agencies, it is not safe
to fasten criminal liability upon the appellants therein.