STATE THROUGH PUBLIC PROSECUTOR Vs. BASUDEV MARTHA

JUDGEMENT

(1.) BY consent of parties this revision is taken up for final disposal at the stage of admi ­ssion. In response to the notice issued by this Court, the respondent had app ­eared in person and had requested this Court to appoint a lawyer under the Legal Aid Scheme to represent him in this revision. Accordingly this Court had appointed Mrs. Leena Dharwad ­kar as a counsel to represent the respondent.

(2.) THIS revision filed by the State takes exception to an order passed by the Ilnd Additional Sessions Judge, South Goa. Margao, dated 6th February 2002, in Sessions Case No. 33 of 2001, discharging the respondent/original accused for an offence punishable under Section 307 of the Indian Penal Code and remitting the case to the learned Chief Judicial Magistrate Margao, for trial of an offence under Section 324 of the Indian Penal Code.

(3.) MR . A P. Lawande, the learned Public Prosecutor appearing for the applicant State has urged before me that at the time of framing of the charge, the Court has the undoubted power to marshal the material and weigh and sift the evidence but, this exercise is to be done -only for the purpose of finding out if prima facie an offence had been made out. Such marshalling, sifting and weighing of evidence would not entitle the learned trial Court to appreciate the evidence. In support of his contention, the learned counsel has relied on Supdt. and Remembrancer of Legal Affairs. West Bengal v. Anil Kumar Bhulla and others1 and on State of M.P. v. SIB. Johari and others2.