VIDHA SEN Vs. STATE

JUDGEMENT

(1.) THIS Criminal Revision is directed against the order of the learned Sessions Judge, Bhadarwah dated 26th April, 1977 setting aside an order of discharge passed by the learned Sub Judge, Judicial Magistrate 1st Class, Kishtwar dated 22nd June, 1976.

(2.) IT appears that challan under Section 302/34 Ranbir Panel Code was laid before the learned trial Magistrate based only on circumstantial evidence. The learned Magistrate started committal proceedings in the ease and examined seven witnesses out of eleven witnesses. This happened in the year 1976 when the Criminal Procedure Code was not amended and the Magistrate was required to examine the prosecution witnesses. The remaining four witnesses were not examined by him as the prosecution closed their evidence itself. The learned Magistrate discharged the accused persons as according to him no offence was prima facie made out against them. A revision was filed against the said order of the Magistrate and learned Sessions Judge, thereupon set aside the order of discharge and directed the learned Magistrate to examine all the prosecution witnesses and then find out if the case was fit one to be committed to the Court of Sessions. The petitioners have felt aggrieved of the said order of the learned Sessions Judge and hence the revision. I have heard the learned counsel for the parties and have thoroughly examined the record. From the perusal of record the prosecution case appears as under: -

(3.) On 4th October, 1975 one Pandito filed an oral report before the police that his brother Naib Chand was required by the police in some sapphire case and he had gone underground for about 8/9 years. He wanted to marry one Man Devi who was a keep of one Lakhami Ram. Naib Chand was, annoyed with Lakhmi Ram. He once sat on fire the grass of Lakhmi Ram. The villagers apprehenned that Naib Chand may not set on fire the whole village. The accused persons, therefore, decided to kill Naib Chand. On 26th October, 1975 the complainant have visited the house of his sister named Ronaqi when he was told by her that thirteen days ago the accused persons had decided to do away with Naib Chand and since then he was not seen. The police registered a case and arrested the accused persons under Section 54 Criminal Procedure Code. On the joint disclosure statements of the accused persons the police allegedly recovered the dead body of Naib Chand and seized some ether articles. The police challenged some of the accused persons for the offences under Section 303 read with Section 34 of the Ranbir Pane! Code and sent up some others under Section 169 Criminal Procedure Code.