DINESH CHANDER Vs. STATE

JUDGEMENT

(1.) JUDGMENT (ORAL) -

(2.) ON July 17, 1974, one Ramesh Chand lodged a report that while he was going with his brother Anurag Kumar in Tilak Bazar, the accused persons four in number attacked them with knife with the result that Ramesh Chand received a knife injury on the wrist and a scratch on his neck and Anurag Kumar suffered six simple hurts. The police after investigation challaned the accused under sections 307/324/34 Indian Penal Code The learned Magistrate purporting to act under section 209 Criminal Procedure Code held that the case under section 307 Indian Penal Code ,, an offence exclusively triable by the court of session, was not made out and he proceeded to try the case under section 324 read with section 34 I.P.C. Ramesh Chand thereupon filed a criminal revision in the court of session, The learned Addl. Sessions Judge by his order dated January 12,1977, held that the Magistrate cannot appreciate the evidence. He is merely tosee if from the report of the police under section 173 Criminal Procedure Code and the statements of the witnesses, a case triable by the court of session is made out or not. But, the Magistrate proceeded to appreciate the evidence and legal position involved in the case about the nature of injuries and other circumstances which he had no jurisdiction to do. He held that from the statement of the complainant, a clear case under section 307 Indian Penal Code was made out. At the stage of charge, even the Sessions Judge cannot appreciate the evidence to the extent the learned Magistrate did. The complainant had specifically stated that the accused had called out that they would not allow the victims to leave alive displaying thereby an intention to murder. The learned Addl. Sessions Judge, therefore, set aside the order of the learned Magistrate and directed him to commit the case to the court of session. The accused Dinesh Chand has filed this revision. I have heard the arguments.