Judgment

KAPUR, J. : In this appeal against the judgment and order of the High Court of Allahabad, the question of the interpretation of S. 423(l)(b) of the Criminal Procedure Code arises.

2. The case of the prosecution was that respondent Shankar wanted to have illicit intimacy with Mst. Mithana who was not agreeable to his advances. In order to take his revenge he cut off her nose on January 28, 1959. The allegation against the other respondent Goberdhan was that he helped Shankar in felling her down and caught her while Shanker out off her nose. Both the respondents were tried under S. 326 read with S. 34 of the Indian Penal Code & the Magistrate 1st Class found them guilty & sentenced them to rigorous imprisonment for 18 months each. An appeal was taken against this order to the Sessions Judge, Sitapur, who on June 12, 1959, set aside the order of conviction and directed the case to be committed to the Court of Session. On July 15, 1959, the Magistrate committed the respondents to the court of Session to stand their trial under S. 326 read with S. 34 of the Indian Penal Code. A revision was taken to the High Court against the order of the Sessions Judge.

3. The High Court held tha