JISHU JAIN Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This revisional application is directed against an order dated 9.4.2001 passed by the learned Asstt. Sessions Judge, 4th Court, Alipore in Sessions trial No. 3(3)/2001 which corresponds to Sessions Case No. 40(2) / 2001 arising out of Behala P.S. Case No. 596(12)/2000 dated 26.12.2000 under sections 326 / 307 / 459 IPC.

(2.) The present petitioner was put up on trial before the learned Asstt. Sessions Judge to meet a charge under sections 326 / 307 / IPC.

(3.) The grievance of the petitioner is that since section 307 IPC is punishable with imprisonment for life, the learned Asstt. Sessions Judge, who is not empowered to inflict such punishment, is not competent to try such offence. The learned advocate appearing for the petitioner submits that in view of provision of section 28(3) Cr.PC an Assistant Sessions Judge may pass the sentence authorised by law except a sentence of death or of imprisonment for life or of imprisonment for a term exceeding 10 years. Since the offence under section 307 IPC is punishable with imprisonment for life, according to the learned advocate of the petitioner, the learned Asstt. Sessions Judge is not competent to try such offence. A prayer was made before the learned Asstt. Sessions Judge in this regard and the same was rejected. Hence this revision.