KOCHUDAS RAGESH Vs. ROY MARCOSE

JUDGEMENT

(1.) The complainant in S.C. 1/94 on the file of Sessions Court, Kollam is challenging the order of discharge passed under Section 245(1) of the Code of Crl.P.C. by the learned Sessions Judge. Respondents 1 to 4 were the accused in the case. Petitioner filed the complaint alleging that the four accused committed the offences punishable under Section 323 and 324 read with Section 34 of IPC and Section 3(1)(ix) and 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, hereinafter referred to as the Act. The petitioner claiming to be a member of the scheduled caste filed the private complaint alleging that accused who are not members of the scheduled caste and scheduled tribe committed the offences alleged in the complaint. The learned Sessions Judge following procedure provided under the warrant trial after recording the evidence of five witnesses and marking Exts.P1 to P14, as per order dated 6.1.95 discharged the accused under Section 245(1) of the Crl.P.C. holding that petitioner did not make out a case which if unrebutted would warrant the conviction of the accused.

(2.) The petitioner is challenging that order in this revision contending that the learned Sessions Judge committed the illegality of following the procedures provided under the warrant trial and as a Sessions Judge, accused could be discharged only under Section 227 of the Cr.P.C. and at the stage of an enquiry under Section 227, the learned Sessions Judge could only consider the material produced by the petitioner and the impugned order of discharge is therefore illegal.

(3.) Heard the learned counsel appearing for the petitioner and the learned counsel for the respondents.