NANDA RAM & ORS. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard learned counsel for the parties for final disposal at the admission stage.

(2.) The petitioners were tried by the learned Judicial Magistrate, Dausa for offence under Ss. 147,447 and 379 IPC. At the conclusion of trial, the learned Magistrate did not find the charge under Sec. 379 IPC established against the petitioners. However, the learned Magistrate found the petitioners guilty of having committed offence punishable under Ss. 147 and 447 IPC. While convicting the petitioners for above offences, the learned Magistrate extended them the benefit of Sec. 4 of the Probation of Offenders Act.

(3.) The petitioners challenged their conviction before the court of Sessions. The learned Additional Sessions Judge vide its judgment dated 24.S.200I set aside the judgment of the trial court on the ground that there was omission in framing of charge by the learned Magistrate and remanded the case back to the trial court with the direction to amend the charge and then to proceed in accordance with law. Hence the present revision petition.