JOGENDRA DAS AND ORS. Vs. STATE OF ORISSA

JUDGEMENT

(1.) This revision is preferred against the order of the learned Sessions judge, Cuttack dated 4 -8 -1984, partly allowing the revision petition and directing the S.D.J.M. Jajpur, in G.R. Case No. 1219 of 1982 to commit the accused persons (the present Petitioners) to stand their trial before the Court of Session for offences under Sec. 307 and other Ss. of the Indian Indian Penal Code.

(2.) The facts relevant for the purpose of the present revision may be briefly stated as follows: In G.R. Case No. 1219 of 1982 a charge -sheet was filed against the accused -Petitioners under Sec. 147, 325, 323 and 149, I.P.C. and the learned S.D.J.M. Jajpur, by his order dated 5 -1 -1983 took cognizance against them and those Ss. 1 he Associate Public Prosecutor filed a petition on 27 -6 -1983 before the S.D.J.M. praying for taking cognizance against accused -Petitioners under Sec. 307, I.P.C. as well. On 25 -8 - 1983 the S.D.J.M. passed the order rejecting the petition for taking cognizance under Sec. 307, IPC. Being aggrieved by the order refusing to take cognizance against the accused persons under Sec. 307, IPC, the State preferred Criminal Revision No. 160 of 1983 before the Sessions Judge. The learned Sessions judge, on a careful consideration of the material placed on record, found that there is a prima facie case under Sec. 307, IPC, amongst other sections, against the accused persons and holding that the S.O.J.M. should have taken cognizance against the accused under Sec. 307, IPC as well, passed the impugned order directing the S.D.J.M. to commit the accused persons to face their trial before the Court of Session. Against that order the present revision is filed by the accused -Petitioners.

(3.) At the time of hearing, the only whether the Sessions Judge was empowered substantial point raised is, to direct the S.D.J.M. to commit G.R Case No. 1219 of 1982 against the accused -Petitioners of the Court of Session in exercise of his powers under the revisional jurisdiction.