J.N.KAUSHAL, J.

1. This revision petition, was referred by me to a larger Bench because of conflict of judicial decisions and also because I thought that the view of Bhandari, C. J., in Daulat Bam V/s. Ram Kishan, A I R 1958 Punj 317, required re-examination.

2. The facts are that Gurbax Singh respondent filed a complaint under sections 448, 506, 504, 379 and 427, Indian Penal Code, against Banta Singh and Pal Singh alias Kirpal Singh and Chanan Singh. After recording preliminary evidence, the Magistrate summoned the accused to stand their trial under sections 448, 427 and 504, Indian Penal Code. Chanan Singh accused after appearing in Court absented himself and proceedings had to be taken against him under section 512 of the Code of Criminal Procedure. On 14-12-1964, after recording the evidence examined on behalf of the complainant the Magistrate framed a charge under section 448, Indian Penal Code, against Banta Singh and Pal Singh. After the charge, the prosecution witnesses were further cross-examined by the accused and the case was adjourned to 27-3-1965. On that day, the statements of the accused had to be recorded under section 342, Code of Criminal Procedure. The c