MASRU BHAVSINGH Vs. STATE

JUDGEMENT

(1.) THIS revision application is to revise an order of Mr. M. C. Sheth, the First Class Magistrate, Jasdan, rejecting an application of the applicants for a de novo trial.

(2.) THE Vinchhia Sub-police station registered a case against the applicants Under Section 326, IPC which was changed into a case Under Section 302 read with Section 34, IPC Now this offence is exclusively triable by a Court of Sessions. The case was started after a charge-sheet was sent to the Court of the First Class Magistrate of Jasdan on 22-6-1953. The First Class Magistrate then was Mr. M. M. Modha, who recorded good part of the evidence. He was thereafter transferred and succeeded by Mr. M. C. Sheth, before whom the application was made for a de novo trial, the charge not having been framed till the transfer of Mr. Modha.

(3.) THE question of law that arises is whether the accused is entitled as of right to a de novo trial by virtue of-clause (a) of proviso to Section 350, Criminal Procedure Code. Sub-section (1) of this Section states: