VISHNU Vs. STATE

JUDGEMENT

(1.) THESE two revision applications arise out of a common case and are therefore being disposed of together.

(2.) A charge sheet was submitted by the police against Pukhraj alias Lachhi, Sukhraj, Khema, Vishnu Dutt, Madanlal, Biamam Singh and Hazari under secs. 366, 368 and 376 of the Indian Penal Code in the court of Municipal Magistrate, First Class, Jodhpur. The learned Magistrate took proceedings under sec. 207-A of the Code of Criminal Procedure. He examined Mst. Sharda the abducted girl, Mst. Anandkaur (P. W. 2) mother of Mst. Sharda and Bhupat Ram (P. W. 3 ). He also recorded the statements of the accused. After considering the documents referred to in sec. 173 of the Code as well as the evidence recorded before him and after hearing the prosecution and the accused, the learned Magistrate discharged Vishnu and committed rest of the accused to the court of Session. Charges under sec. 368 were framed against Braham Singh and Hazari. Ramdas father of Mst. Sharda filed a revision application against the order of discharge of Vishnu and the learned Additional Sessions Judge, No. l,jodhpur accepted the revision application and directed the Magistrate to commit Vishnu for his trial under secs. 366 and 376 of the Indian Penal Code to the court of Session. Criminal revision No. 367 of 1962 has been preferred by Vishnu against the order of the learned Additional Sessions Judge. Braham Singh and Hazari have filed criminal revision No. 420 of 1962 for quashing the order of commitment made by the Municipal Magistrate, their similar application before the learned Additional Sessions Judge, No. 1, Jodhpur having failed.