SUNDER LAL Vs. SURAT SINGH

JUDGEMENT

(1.) THE opposite party, namely Surat Singh, Tara Chand, Mukhtiar Singh, Kartar Singh, Maha Singh and Ram Chander, were convicted under Sections 148, 323, 324 read with Section 149 of the Indian Penal Code, by the learned Judicial Magistrate Ist Class, Jhajjar and each was sentenced to various terms of imprisonment for each of the offences. The maximum sentence imposed was under Section 325 Indian Penal Code, and for that offence each of the accused was sentenced to undergo rigorous imprisonment for a period of six months and to pay a fine of Rs. 500/-. Feeling aggrieved against their conviction, the accused filed appeal in the Court of Shri S.B. Ahuja, Additional Sessions Judge, Rohtak.

(2.) SUNDER Lal one of the injured persons, filed two revision petitions in the said court. One was against the acquittal of the accused under Section 326 of the Indian Penal Code and the other was for enhancement of the sentence imposed by the learned trial Court. Before the learned Additional Sessions Judge, a question arose between the parties if the revision petition filed by Sunder Lal were maintainable in that Court. He has, therefore, formulated the following questions and has referred them to this court for directions :-

(3.) SECTION 397 of the Code of Criminal Procedure deals with the calling for records by the High Court and the Session Judge for exercising the powers of revision. It reads as follows :-