KHUSHI RAM Vs. STATE OF HARYANA

JUDGEMENT

(1.) VIDE his judgment of conviction and order of sentence, both dated 28.4.1988, Judicial Magistrate 1st Class, Karnal convicted Khushi Ram and Parshotam Dass, petitioners herein under Sections 325/34 IPC and ordered each of them to undergo R.I. for a period of three years under Section 325 IPC and S.I. for 3 months under section 323 I.P.C. Both the sentence were, however, ordered to run concurrently.

(2.) FEELING aggrieved, the petitioners had filed Criminal Appeal No. 21 of 1988 which was heard by Additional Session Judge, Karnal. Vide his order dated 13.5.1988, he accepted the appeal, set aside the judgment of conviction and of sentence and remanded the case to the learned trial court with a direction to recall Dr. Sachdeva, P.W.5, re-examine him, afford an opportunity to the accused to cross examine the said witness, record the statements of the accused under Section 313 Cr P.C., allow them a further opportunity to lead defence evidence, if any, and then decide the case afresh.

(3.) THE learned Assistant Advocate General Haryana has stoutly contested both the arguments.