KRISHAN KANT Vs. DILIP KUMAR

JUDGEMENT

(1.) This revision arises out of the order dated 21.11.1981 of the Vth Additional District & Sessions Judge, Allahabad in Sessions Trial no. 289 of 1981 State v. Dilip Kumar Singh and others by which the learned Sessions Judge has transferred this case to the Chief Judicial Magistrate, Allahabad for trial on the ground that the offence is under section 326 I.P.C. and not one under section 307 I P.C.

(2.) The brief facts of the case are that on 15.12.1979 at about 7.30 a.m. Dilip Kumar, opposite party no. 1 armed with a S.B.B.L. Gun, Sri Prakash, opposite party no. 2 armed VIth a D.B.B.L. Gun, Rajendra Prasad opposite party no. 3 armed with a country made pistol and opposite parties nos. 4 to 12 armed with lathis surrounded Captain Uma Kant, the brother of the applicant, and Rajendra Prasad, the opposite party no. 3, instigated others to assault and kill him due to previous enmity regarding some land. On this instigation Dilip Kumar and Sri Parkash, opposite parties nos. 1 and 2 fired their guns at Captain Uma Kant, who sustained gun shot injuries on his chest, neck and other parts of his body. On the alarm, Han Kant and other prosecution witnesses came for intervention and Han Kant also received lathi injuries. Thereafter the applicant lodged a first information report at about 830 a.m. on the same day. A case was registered and after due inquiry a charge sheet was submitted under sections 147, 148, 149, 323 and 307 I.P.C. against the opposite parties nos. 1 to 12. The Chief Judicial Magistrate, Allahabad committed the case to the Court of Sessions under sections 147, 148, 307 and 323 I.P.C.

(3.) After the committal the State case (Sessions Trial no. 2R9 of 1981) was transferred to the Court of Sri S.L. Adarsh, Vth Additional Sessions Judge, Allahabad. The learned Sessions Judge instead of framing charges under sections 147, 148, 149 and 307 I.P.C. transferred the case to the Chief Judicial Magistrate with the observation that no case under section 307 I.P.C. is made out and it is a case under section 326 I.P.C. Aggrieved by the said order the complainant has filed this revision in this Court.