RAMPAL SINGH Vs. STATE

JUDGEMENT

(1.) THIS revision is directed against an order dated 1 -9 -1976 passed by Sessions Judge, Saharanpur, discharging the opposite parties Illam Singh, Mahendra Singh, Lal Singh and Surender Singh in a case under Sections 302/201 IPC.

(2.) THE opposite parties had been committed to stand their trial in the court of Session under Sections 302/201 IPC. When the case was opened in the court of the learned Sessions Judge by the public prosecutor, a plea was raised on behalf of the opposite parties that there was not sufficient ground for proceeding with the trial against them and they should, therefore, be discharged in accordance with Section 227 Code of Criminal Procedure. The learned Sessions Judge accepted their plea and discharged them by the impugned order. The complainant has come up in revision to assail the order aforesaid.

(3.) IN the result, I allow the revision, set aside the impugned order and direct that appropriate charge or charges shall be framed against the opposite parties and the trial shall proceed further in accordance with law. It is, however, made clear that anything which I have said in support of this order will in no way prejudice the case of either party at the trial.