STATE OF RAJASTHAN Vs. JAGMAL

JUDGEMENT

(1.) THE State has filed this revision petition against the order of the learned Sessions Judge, Jalore, dated August 14, 1980 in Session Case No. 44 of 1980. By this order, the learned Sessions Judge discharged the accused-respondents from an offence under s. 307, IPC and sent the case to the Chief Judicial Magistrate, Jalore for trial under Section 228 (1) (a), Cr. P. C. for the offences under Sections 323, 325, 326, 427 and 447, IPC.

(2.) THE police submitted a challan in the court of the Munsif and Judicial Magistrate, Bhinmal against the accused-respondents for offences under section 307, I. P. C. etc. THE learned Magistrate committed the case for trial to the court of Sessions Judge, Jalore. THE learned Judge, after hearing both the parties, was of the opinion that no case under section 307, IPC was prima facie made out. He, therefore, passed the impugned order referred to above.