N.N.Sharma - (1.) THIS revision is directed against order of discharge dated 20-8-1981, recorded by Sri Naseem Uddin, learned IV Additional Sessions Judge, Aligarh in Sessions Trial No. 468 of 1980.
(2.) IT appears that Prakash Chand, Ravi Lal and Jagdish Prasad were committed to the court of Sessions bv Magistrate concerned for the offences under sections 302/34, 201 and 120-B of Indian Penal Code in Crime No. 135 of 1976. The aforesaid trial related to the murder of one K. C. Banerjee on 27-11-1975 in train, while travelling from Satna Railway Station to Delhi along with Jagdish Prasad, Prakash Chand and one Khandelwal and his dead body was found in the railway compartment of 13 Upper India Express at Khurja- within the police station of G. R. P., Aligarh, on 28-11-1975. The doctor, who conducted the post mortem examination, sent the viscera for chemical analysis through the office of Chief Medical Officer by two Jars 64 and 65 containing bottles no. 8073 and 6659. These bottles were sealed up in present of Deputy Chief Medical Officer in Box No. 1191 and that box in sealed up condition was sent to the Chemical Examiner who, on analysis, found that viscera contained poison known as zinc phosphite. The investigation was conducted by C. I. D. police. It transpired that the chemical examiner had not conducted the analysis of the contents received through bottles nos. 8073 and 6659 but of other bottles from Box No. 1191 bearing nos. 2147 and 6931. The investigating agency did not shift their stand on the point that viscera was sent through bottles nos. 2147 and 6934. They still maintained that the viscera was sent through bottles 8073 and 6e59. The accused successfully argued before the trial court that the viscera related to some other persons and was not the viscera of Sri K. C. Banerjee and thus as the death of Sri K. C. Banerjee through poisoning was not made out, no conviction under section 302 IPC could be possible even if the flimsy circumstantial evidence relied upon by prosecution was believed.
(3.) LEARNED Sessions Judge scrutinised the entire material before him on record placed by prosecution and found that the prosecution had absolutely no chance to establish the case against the accused as the murder of K. C. Banerjee was not made out, there was nothing on record to connect the accused with the crime. Thus the order of discharge was recorded. Learned counsel for the State argued that learned Sessions Judge over- stopped his jurisdiction in discharging the accused. Section 227 of Code of Criminal Procedure is worded below ;- " If, upon consideration of the record of the case and the documents submitted therewith, and after hearing the submissions of the accused and the prosecution in this behalf, the Judge considers that there is not sufficient ground for proceeding against the accused, he shall discharge the accused and record his reasons for so doing. " ;