SHAHID KHAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS revision filed by the complainant Shahid Khan is directed against the order dated 10. 10. 2000, passed by learned Additional Sessions Judge, Gangapurcity in Sessions Case No. 10/99, whereby learned Judge has discharged the accused persons from the offence under Section 307 IPC and sent the case back to the A. C. J. M. No. 2 for trial for offence under Sections 341, 323, 324/34 IPC.

(2.) IN this matter, notices were issued to Non-Petitioners. Mr. S. C. Gupta appeared on behalf of Non-Petitioners Nos. 2 to 5. Learned Public Prosecutor appeared on behalf of State. Record of the lower court was called for. Arguments were heard.

(3.) FROM the above Section two things are clear. First things is that the Sessions Court can discharge an accused from the offence only if it finds that there is not sufficient ground for proceeding against the accused. It means that if there is a prima facie case, then the Court should frame the Charge. Court should discharge only when there is no prima facie evidence against the accused persons for that offence. Second thing, which is clear from this Section is that if the accused is discharged, then the Court should record its reasons for doing so i. e. it should give reasons as to why it has come to the conclusion that such offence is not made out.