NAFIS AGHA Vs. STATE

JUDGEMENT

(1.) THIS is an application under Section 407, Cr. P. C. for commitment of a case pending in the Court of the Magistrate to Sessions. The relevant facts are that a case under Section 324/326, I. P. C. was pending against the opposite party in the Court of Magistrate. It was alleged that the opposite party had thrown acid on the applicant with the result that he lost both of his eyes and suffered some other injuries. The Magistrate thought that the case was such as required deterrent punishment and he was not competent to do so, so he proceeded under Section 323, Cr. P. C. and committed the case to Sessions.

(2.) THE opposite party then filed a revision in this Court, No. 86 of 1978 contending that under the scheme of present Code of Criminal Procedure cases being triable either by Sessions or by Magistrate it was not open to the Magistrate to commit the case to Sessions, which was within its exclusive jurisdiction even on the ground that the case required more punishment than what he was competent to give. This contention was upheld by this Court by order dated 25-7-1978. It was however, observed that if the Magistrate thought that he was in a position to inflict proper punishment he should refer the case to the Chief Judicial Magistrate under Section 325, Cr. P. C. as Chief Judicial Magistrate has power to award sentence up to seven years and if further sentence was called for, the parties concerned could move this Court under Section 407, Cr. P. C.

(3.) THE complainant (applicant) who was the victim of this offence has accordingly come to this Court. He contends that considering the gravity of the offence even 7 years' sentence, which the Chief Judicial Magistrate can award, would not be enough and still further deterrent punishment was needed and it was, therefore, expedient in the interest of justice that the case should be committed to Sessions.