ABDUL KADIR Vs. MD. MAINUDDIN AHMED

JUDGEMENT

(1.) REVISION petitioner herein is the father of a person who was killed on 9 -9 -82. On the information given by the petitioner a case was registered and ultimately charge -sheet was laid against respondents 1 to 4 herein as accused for an offence under Section 302, IPC. In due course the case was committed to the Sessions Court and after trial Sessions Court acquitted the accused. The acquittal is sought to be challenged by the father of the deceased by way of this revision filed under Section 401 of the Code of Criminal Procedure, for short the Code. On 1 -12 -86 when the case came up for admission, the learned single Judge passed an order: -

(2.) ON 2 -1 -89 the Division Bench before which the case came up for admission passed an order -

(3.) RULE 7 lays down that a single Judge may hear any appeal, reference, revision and application in all criminal matters except those in which sentence of death, or the imprisonment for life is passed. Obviously the reference is to case of conviction where the sentence of death or the imprisonment for life is passed. Reference cannot be to a case of acquittal since in such cases no sentence is passed. It is, therefore, clear that revision against acquittal is to be heard by a single Judge and not by a Division Bench, except where a single Judge refers it to a Division Bench.