S.C. Mohapatra, J. - (1.) THIS revision involves the question of jurisdiction and justification of the learned Judicial Magistrate, First Class, Jaipur , committing the Petitioners to the Court of Session for trial under Section 395 of the Indian Penal Code.
(2.) AS disclosed from the first information report, the occurrence took place on 20th May, 1975 at about 10 a.m. It is alleged that the accused persons came in a body being armed with deadly weapons and firearms. They injured Kanhei Das and broke down the houses and the walls. When Kanhei was kept inside a room, the accused persons forcibly entered into the house by breaking it open, assaulted the ladies and children, broke open the almirahs, treasuries and boxes and removed important documents, valuables, money, rice, paddy and cereals and also took away cycle, watches and radio from the house. After investigation, charge -sheet was submitted by the officer -in -charge of the Jaipur Police Station for prosecution of the accused persons under Sections 147/148/149/380/427/324/323, I.P.C. The learned Magistrate framed charge against the accused persons on 15 -2 -1977 under Sections 147/148/380/324/321/427, I.P.C. On 3 -8 -1978, a petition was filed by the Public Prosecutor to commit the accused persons to the Court of Session by amending the charge to one under Section 395, I.P.C. As on perusal of the materials available, the learned Magistrate had already framed the charge, the prayer of the prosecution was refused.
(3.) AFTER the evidence of some of the witnesses was recorded, again a petition was filed by the Public Prosecutor on 21 -8 -1979 to commit the accused persons to the Court of Session for having committed an offence under Section 395, I.P.C. On perusal of the evidence of the witnesses already recorded, the learned Magistrate was not satisfied that there was anything in the evidence to alter the charge. On rejection of the petition by order dated 27 -9 -1979, Criminal Revision No. 4 76 of 1979 was, filed in this Court by the informant. After hearing the accused persons, this Court observed in its order dated 10 -3 -1981 that the learned Magistrate may exercise his power under Section 323, Code of Criminal Procedure after recording the evidence of all the eye -witnesses, if he is satisfied that the accused persons ought to be tried by the Court of Session.;