ASHOK KUMAR Vs. STATE

JUDGEMENT

(1.) The accused-petitioner, a domestic servant of the deceased is alleged to have fired a shot with a muzzled gun on 19-5-1987 as a result of which Chanchal Singh died whereafter the accused concealed his body in an iron box and kept it under room after removing Rs. 1300/- and other articles belonging to the deceased. On appreciation of the evidence led in the case, the trial court prima facie held the petitioner guilty and charged him for offences punishable under S.302/381, I.P.C. The order of charge has been challenged in this petition mainly on the ground that there was no sufficient evidence to justify the framing of charge against the petitioner.

(2.) I have heard the learned counsel for the parties and perused the record.

(3.) Sub-Section (4)(a) was inserted in S.435 of the Cr. P.C. vide Act No. XXXVII of 1978 which provides that the powers of revision shall not be exercised in relation to any interlocutory order passed in any appeal enquiry, trial or other proceedings. This court in S.K. Mahajan v. Municipality reported in 1982 Kash LJ 1 held :