STATE OF ASSAM Vs. ABDULHALIM

JUDGEMENT

(1.) - It is a criminal appeal arising out of an order passed by a Division Bench of the High Court of Gauhati dismissing the reference made by the Sessions Judge under Section 395 of the Code of Criminal Procedure. The brief facts of the case which led to this appeal are as follows:

(2.) The Sessions Judge of Nawagaon, during the trial of a murder case in Sessions Case No. 18(N)/74 exercising the powers conferred under Section 319 of the Code of Criminal Procedure directed the five respondents herein to be tried together with four other original accused already committed by the Magistrate to take their trial under Section 302 read with See. 34, IPC and also issued non-bailable warrants against these respondents.

(3.) The respondents approached the High Court by filing a Criminal Revision Case No. 155/78 challenging the order of the Sessions Judge passed under Section 319 of the Code of Criminal Procedure. The learned single Judge of the High Court allowed the revision holding: