NARENDRA NARAYAN KADU Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) :- Heard learned Advocate for the applicants and learned APP for non-applicant/state.

(2.) THE applicants were tried for offence under sections 324, 452, read with section 34 Indian Penal Code and they were convicted under section 452 read with 34 Indian Penal code to suffer S. I. for one month and fine of Rs. 100/- in default, S. I. eight days and under section 323 read with 34 indian Penal Code to pay fine of Rs. 300/- each, in default, s. I. one month. The applicants challenged the said conviction and sentences before the Sessions Judge and the learned Sessions Judge vide judgment dated 10-11-1997 allowed the appeal, set aside the sentence and conviction and directed the Magistrate to commit the case for trial to the Court of Session for offence under sections 307 and 450 read with 34 Indian Penal Code. The applicants were also ordered to be taken into custody and directed to be produced before the J. M. F. C. This order is challenged in this revision.

(3.) LEARNED Advocate for the applicants urged before me that the Appellate Court can order retrial by a Court of competent jurisdiction subordinate to such Appellate Court and the order passed by the Additional Sessions Judge, cannot, therefore, be sustained. It is also urged that on merits, there is absolutely no case for ordering commitment and that the impugned order is liable to be set aside.