RAM SWAROOP Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) The petitioner has preferred this revision petition under Section 397 read with Section 401, Cr.P.C. against the impugned judgment and order dated 11.03.2003 passed by the Additional Sessions Judge, Hinduan City, in Criminal Appeal No. 08/2003, whereby the said Court allowed the appeal of the petitioner and set aside the impugned judgment passed by the trial Court and directed the trial Court to record the statements of the prosecution-witnesses, whose names appear at serial nos. 2, 7 and 9 in the list of witnesses and to decide the matter afresh.

(3.) Learned counsel or the petitioner submits that the petitioner was convicted and sentenced by the trial Court under Section 279, IPC to three-years simple imprisonment and a fine of Rs. 500/- and under Section 304, IPC to one-year simple imprisonment and a fine of Rs. 2000/-. Being aggrieved with the order of conviction, the petitioner preferred an appeal. It is further contended that the accused never agreed before the Appellate Court for examining the witnesses, whose names appear at serial nos. 1, 7 and 9 in the list of witnesses and he wanted to argue the case on merit on the basis of evidence available in the case. The Appellate Court committed an illegality in issuing the said direction to the trial Court in absence of statement of Investigating Officer, who had died, instead of giving benefit to the accused.