GOPAL DAS Vs. STATE OF U P

JUDGEMENT

(1.) S. R. Bhargava, J. This revisions directed against Revisional order holding that offence under Section 307, I. P. C. is made out against the accused in a complaint case and the Magistrate should pass suitable order. Learned Revisional Court allowed the Revision and sent back the case to Magistrate for suitable orders.

(2.) FACTS giving rise to this revision are that a complaint was filed against the revisionists for offenses under Sections 147, 323, 504, 506 and 307/149, I. P. C. Learned Magistrate summoned the Revisionists for offences other than Section 307, I. P. C. After evidence was recorded complaint moved application that case should be committed to sessions under Section 323, Cr. P. C. because case under Section 307, I. P. C. is made out. Learned Magistrate held that charges has been framed and that medical evidence does not show that injuries of the victim were sufficient to cause death in ordinary course of nature. Hence he dismissed the application.