THIGYAL LAKHAR Vs. STATE

JUDGEMENT

(1.) This Court, in order to be satisfied as to the correctness, legality and propriety of the order dated 6th May 1996 and 10th July 1996 passed by the Ld. Judicial Magistrate, East at Gangtok, in Criminal Case No. 44 of 1996 under S. 326 of the Indian Penal Code (in short IPC), directed the Criminal revision to be registered.

(2.) A charge sheet was filed against one Thigyal Lakhar (hereinafter referred to as the opposite party) under S. 307, IPC before the learned Judicial Magistrate, East at Gangtok. The learned Judicial Magistrate, while taking cognizance of the offence under S. 326, IPC instead of S. 307, IPC against the opposite party recorded the following reasons :-

(3.) It appears from the order dated 10th July 1996, that, the learned Public Prosecutor made following submissions :-