MOULASAB AHAMADSAB Vs. MOHAMMAD JAFARSAB

JUDGEMENT

(1.) This petition is directed against the order dated 3-9-1980 passed by the Judicial Magistrate First Class, Hangal, in Private Complaint No. 38 of 1979.

(2.) The few facts necessary may be narrated as follows : An incident took place on 30-4-1979 in which the petitioners were alleged to have assaulted the son of the respondent because of land dispute before the Land Tribunal relating to land survey No. 17 of Hirekanshi Village. Hangal police registered Crime No. 49 of 1979 and commenced investigation. On 27-9-1979, the respondent filed the said private complaint against all the petitioners. Apart from other things he has narrated in his complaint that his son had expired subsequently because of the injuries sustained by him, but the concerned police appeared to have ignored that fact and, therefore, he was forced to file the complaint.

(3.) Perusal of the order in question passed by the Magistrate, particularly paragraph 8 onwards, clearly discloses. that the magistrate embarked on an enquiry after recording the sworn statement and summoned witnesses including a Doctor and then observed that the material placed before him was sufficient to take cognizance of the offence under S. 302 of the Indian Penal Code, but before doing so, he had to go into the question whether the cause of the death was as a result of the assault on the son of the respondent on 30-4-1979. Thereafter, he has proceeded to look into the material to determine that point and then decided to call for the report of the police submitted under S. 173 of the Code of Criminal Procedure. It is to be stated here itself that on 4-10-1979 the police submitted charge-sheet with the allegations that the present petitioners had committed offences punishable under Ss. 147, 148, 323, 324 and 326 all read with 149 of the Indian Penal Code and so on, but not under S. 302 read with S. 149 or S. 302 of the Indian Penal Code simpliciter, and a case in C.C. No. 431 of 1979 was registered. This also has been noted by the learned Magistrate in the impugned order. After noting this much, he has directed that warrant under S. 204 of the Code of Criminal Procedure be issued against the petitioners and that all of them were to be tried for the offences alleged in the charge-sheet and also for the offence under S. 302 of the Indian Penal Code.