ANIL ANANTRAO LOKHANDE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This Criminal Revision Application is placed before us for hearing in view of the reference order dated the 18th December, 1979 passed by Kotwal J. The Application-accused and Original accused No. 2 Shankar are being prosecuted for an offence punishable under section 302 read with section 34 of Indian Penal Code, 1860, for committing murder of one Shoukat on 23rd September, 1978. It is not necessary to make a detailed reference to the prosecution story because we are not concerned with the merits of the case at this stage.

(2.) It appears from record that after completing the investigation a chargesheet was filed by the prosecution in the Court of learned Metropolitan Magistrate, Bombay who in his turn committed both the accused persons to stand their trial before the Sessions Court, Greater Bombay. Thereafter, a charge under section 302 read with section 34 of the Indian Penal Code, 1860, was framed by the Sessions Court. This charge was framed on 9th November, 1979 and on the same day the Public Prosecutor filed an application before the Additional Sessions Judge which reads as under :

(3.) Initially this revision application was placed for hearing before the Single Judge of this Court. However, as the learned Judge did not agree with some of the observations made in (State of Maharashtra v. Dnyanoba) 1979 Cri.L.J. 277, he thought it fit to refer the matter to a larger Bench and this is how this Criminal Revision Application is placed before us for hearing.