KARNAIL SINGH Vs. NIHAL SINGH AND OTHERS

JUDGEMENT

(1.) KARNAIL Singh injured has filed this revision petition against the order dated 27th May, 1974 of the Court of Additional Sessions Judge, Patiala (Shri Surinder Kumar Jain) by which he found that he was of the opinion that there was no ground for presuming that the accused had committed an offence punishable under Section 307 Indian Penal Code and that the case of Teja injured in his opinion was also covered by the offence punishable under Section 325 Indian Penal Code. Accordingly that Court also opined alter considering the case and the documents submitted therewith that there was ground for presuming that the accused had committed an offence which was not exclusively triable by the Court of Sessions and as such it transferred the case for trial to the Chief Judicial Magistrate, Patiala, with the directions that the parties shall make appearance in that Court on 29th May, 1974.

(2.) THE facts of the case which are necessary for the disposal of this revision petition may briefly be stated as fellows The Court of Judicial Magistrate Rajpura (Shri Nardhir Inder Singh) committed Nihal Singh, Tikka Singh, Sarup Singh. Sant, Kashmiri and Faqiria accused to the Sessions Court for their trial under Section 307/325 read with Section 149 and under Section 1 -8 Indian Penal Code vide its order dated 16th April, 1974. According to the prosecution allegations all the six accused in the case were armed with lathis at the time of occurrence which had taken place at about 12 30 P.M. on 16th March, 1973 in village Devi Nagar and during that occurrence members of both the parties had received injuries regarding which two separate challan were put in Court. The cross case was committed for trial on charges under section 326/325/324/323 read with section 149 Indian Penal Code and section 148 Indian Penal Code.