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2000 Supreme(All) 409

HIGH COURT OF ALLAHABAD
Krishna Kumar
RAVINDRA NATH
Versus
STATE OF U P
Decided On : 07 March 2000
Criminal Revision No. 756 of 1999

The court's decision was influenced by the finding of a prima facie case under Section 307 I. P. C. and the satisfaction of the learned Sessions Judge.

Headnote:

charge-sheet - criminal law - The court found prima facie case under Section 307 I. P. C. and rejected the revision.

Fact of the Case:

The revision was filed against the order for framing of charge under Section 307 I. P. C.

Finding of the Court:

The court found that prima facie case under Section 307 I. P. C. is made out and rejected the revision.

Issues: The issue was the framing of charge under Section 307 I. P. C. based on the supplementary charge-sheet.

Ratio Decidendi: The court's decision was based on the satisfaction of the learned Sessions Judge that a prima facie case under Section 307 I. P. C. is made out.

Final Decision: The revision was dismissed, and the court rejected the revision.

KRISHNA KUMAR, J.

This revision has been filed against order dated 24-2-1999 whereby the learned Additional Ses sions Judge ordered for framing of charge. It is contended by the learned counsel for the revisionists that the charge-sheet was submitted under Section 323 I. P. C. How ever, on the intervention of the public prosecutor, supplementary charge-sheet was submitted for offence under Section 307, I. P. C. It may be stated that the opinion given by the A. P. O. to the Investigating Officer has nothing to do with this case. The relevant fact is that the supplementary charge-sheet was also submitted under Section 307 I. RC. and further, the learned lower Court found that prima facie it is also a case under Section 307 I. P. C. It may also be mentioned that the case also registered under Sections 307, 323, 506 I. P. C. It was satisfaction of the learned Sessions Judge and when he found that prima facie case under Section 307 I. P. C. is made out, it is finding of fact and cannot be assailed in revision.

2. In view of the above discussions, I do not find any force in this revision which is hereby rejected.

Revision dismissed.


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