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1991 Supreme(MP) 68

S.K.CHAWLA
State of M. P. – Appellant
Versus
Rikhiram – Respondent


Advocates:
P.C. Paliwal for State; S.C. Dutta for non-applicant.

ORDER

S.K. Chawla, J. -- 1. The State has filed his revision against an order of discharge passed by Sessions Court.

2. The non-applicant Rikhiram Patel was at the material time Lecturer in a High School in village Dhamda of district Durg in Madhya Pradesh. He was committed to the Court of Sessions to stand his trial for the offence of murdering his wife Kamlabai. The Sessions Court, however, "upon consideration of the record of the case and the documents submitted there with", as contemplated by Section 227 Cr. P.c. 1973, thought that there was no sufficient ground for proceeding against the non-applicant. Accordingly, the Sessions Court by order dated 6.7.1984, discharged the non-applicant of the offence under Section 302 I.P.C., Aggrieved by that order, the State has filed this revision.

3. At the stage of Sections 227/228 Cr. P.C. 1973, the Sessions Judge has to find out, if the evidence which the prosecutor proposes to adduce, even if unrebutted, would show that the accused committed the offence or not. If not, there would be no sufficient ground for proceeding and the accused should be discharged. The truth, varacity and effect of the evidence which the prosecutor proposes to








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