Honble SAXENA, J. - Heard. Perused the record of the trial Court. (2). This revision petition has been directed against the order dated 4.2.94 passed by the learned Addl. Sessions Judge, Pali in Sessions Cases No. 76 and 77 of 1993, whereby she ordered for consolidation of the aforementioned cases and while discharging the accused-petitioners for the offence u/s. 307 IPC, instead of remitting the case to the Chief Judicial Magistrate for trying them for the offence u/ss. 148, 323 and 325 and in the alternative 323/149 and 325/149, ordered for commencing trial against them before hereself.

(3). Briefly, the relevant facts for disposal of this revision petition are that on 19.8.92 at about 3 PM when Puna Ram was grazing his cattle in the sarhad of village Nawa Guda, accused Girdhari along with Nimba, Bhima, Chainiya and Ratiya came there; that Girdhari was armed with a Kunt (a sharp edged weapon); that other accused persons caught hold of his brother Bhunda Ram, who was sitting in the Bada of his field; that Girdhari inflicted injuries by Kunt and other accused persons also caused injuries with the result that Bhunda Ram became unconscious and while he was being carried to the hospital, he breathed his last. Puna Ram states that Smt. Morki, wife of his brother Narayan, who came to the place of the occurrence had also informed him that the aforementioned accused persons along with accused petitioners Hariya, Ratiya s/o Sanwal and Sanwal had also inflicted injuries to Narain Dhagla and Pema Ram with an intention to commit their murder. On the report of Puna Ram, Crime No. 89/92 was registered at Police Station, Siriyari, Distt. Pali for the offences u/ss. 147, 148, 323, 324, 307, 302 and 149 IPC. Duringh investigation, it transpired that the aforementioned eight accused persons had formed an unlawful assembly and inflicted grievous and simple injuries to Narain, Dhagla and Pema Ram between 12 noon and 1 PM on the Parat gochar land of sarhad village Nawa Guda and that on the same day at about 3 PM, five accused persons namely Girdhari, Ratia s/o Joga, Nimba, Bhima & Chainiya came to the Bada of Bhunda Rams filed, inflicted fatal injuries to him and committed his murder. The Investigating Officer, therefore, submitted two separate challans; one against the five accused persons for the murder of Bhunda Ram and another against the aforementioned five accused persons and accused petitioners for the offences u/ss. 147, 148, 307,324, 323 and 149 IPC in the court of learned M.J.M., Marwar Junction, which were registered as Criminal Case Nos. 1224 and 1223 of 1992 respectively, who in turn, committed those cases to the learned Addl. Sessions Judge, Pali, which were registered as Sessions Cases No. 76 and 77 of 1993. The learned tri)al Judge by her impugned order dt 4.2.94 held that offence u/s. 307 IPC Was not made out against the eight accused persons including the present petitioners and, accordingly, discharged them for the said offence but framed charges against them for the offences u/ss. 148, 323 & 325 and in the alternative 323/149 and 325/149 IPC. She further framed charges against the five accused persons namely Girdhari, Ratiya son of Joga, Nimba, Bhima and Chainiya for the offences u/ss. 148, 323, 325, 302 read with sec. 149 IPC and consolidated both the sessions cases and ordered for commencing their trial. Hence this revision petition.

(4). Mr. Sandeep Mehta, learned counsel for the petitioners, has strenuously contended that apparently, there were two distinct indcidents, which are alleged to have occurred at different places at different points of time and that after investigation, the police also submitted two separate challans in respect of those incidents. According to him, both the incidents had not occurred in the same course of transaction and when the learned Addl. Sessions Judge discharged all the eight accused persons for the offence u/s. 307 IPC in respect of the first incident, which occurred between 12 noon and 1 P

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