STATE OF MADHYA PRADESH Vs. DINESH

JUDGEMENT

(1.) THIS reference has been made by the learned IV Addl. Sessions Judge (Fast Track Court), Mhow, under Section 395 of the Code of Criminal Procedure (hereinafter referred to as 'the Code'), for decision on the following questions of law, arose before him when the file reached before the learned Fast Track Court on transfer from the Court of the then learned Second Additional Sessions Judge for further trial and disposal:-

(2.) SHORT resume of the facts necessary for determination of the questions raised by the learned Fast Track Court (Trial Court) may be stated thus :-

(3.) FOR deciding the above mentioned three questions, it would be apt to reproduce Sections 306 and 308 of the Code :-