MANU DAS Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) HEARD learned counsel appearing for the petitioners and learned counsel appearing for the State.

(2.) LEARNED counsel appearing for the petitioners submits that the case was lodged against the petitioners which was registered under Sections 341/342/323/324/379/376/ and 34 of the Indian Penal Code, but in course of the investigation, the allegation under Section 376 of the Indian Penal Code was not found to be true and hence, charge sheet was submitted under Sections 341/342/323/324/379 and 34 of the Indian Penal Code. Upon it, cognizance was taken and then trial ensued. In course of time, ten witnesses were examined as back as on 06.06.2000 and, subsequently, other witnesses were examined on behalf of the prosecution and when prosecution closed its case, statement of the accused persons were recorded under Section 313 Cr.P.C. on 07.02.2001. Thereafter, when prosecution case was opened at the instance of the prosecution some more witnesses were examined and when the case was fixed for arguments, an application was filed in the year 2005, on behalf of the prosecution, to commit the case to the court of Sessions as the evidences are there disclosing commission of an offence which is Sessions triable which prayer was allowed in terms of the provision contained in Section 323 Cr.P.C.

(3.) FROM its perusal, it appears that at any stage of the trial, if it does appear to the court that the case ought to have been tried by the court of Sessions, the Magistrate is required to commit the case to the court of Sessions. In the instant case the court, after taking into consideration, the evidences, particularly of P.W. -1, disclosing therein about the commission of the offence triable by the court of Sessions, did rightly hold that the case needs to be committed to the court of Sessions.