(1.) This reference made by 3rd Additional Judge to the Court of Sessions Judge, Satna.
(2.) Sessions Trial No. 128/88 (State v, Sunderlal Narang) is pending before him. Learned Additional Sessions Judge framed charge under section 302, I.P.C. against accused Sunderlal Narang on 25.1.1990. This order was challenged on 1.2.1990 before this Court by the said accused in Criminal Revision No. 81/90. After hearing learned counsel Shri S.C. Dutt on behalf of accused and the Government Advocate, a Single Bench presided over by Shri S.M. Lal, J. dimissed the revision by order dated 2.3.1990.
(3.) Again, on 12.4.1990, the same accused challenged the same order dated 25.1.1990 of learned Additional Sessions Judge by filing another criminal revision No.214/90. This revision too was finally argued on 18.4.1990 by Shri S.C. Dutt for the accused and Government Advocate for the State. Learned Single Judge Shri S. A wasthy J. allowed the revision by his order dated 18.6.1990, quashed the charge under Sections. 302 and remanded the case back with the directions to the trial Court to frame suitable charge on perusal of material on record afresh.