R.P.NAGRATH, J. - (1.) THE instant revision has been filed by five petitioners, who faced trial in FIR No. 70 dated 06.05.2006 for offences under Sections 326, 325, 324, 323, 148 and 149 of Indian Penal Code (IPC), registered at Police Station, Mallan Wala.
(2.) LAKHWINDER Singh was also an accused who stood acquitted of the charges framed by learned trial Court whereas the petitioners were convicted and awarded different sentences. The petitioners challenged their conviction and sentences awarded by learned trial Court in the appeal. Learned Appellate Court observed that there was non -compliance of provisions of Section 313 Cr.P.C. in the absence whereof the very purpose of their examination under the said provision has been defeated. It was also observed that the petitioners were seriously prejudiced. Consequently, learned trial Court remanded the matter for fresh decision with a direction to the trial Court to put all the material evidence available on the file and provide them opportunity preferably 3 opportunities to lead their defence evidence, atleast within a gap of 15 days each. The petitioners have challenged the above order of remand mainly on the ground that the Appellate Court having noticed the irregularity in not putting all the material evidence, could not send back the case to the trial Court as it amounts to filling in lacunae, which should not be permitted.
(3.) LEARNED counsel for the petitioners was heard at considerable length and I have also gone through the judgments of both the Courts below and find no merit in the instant revision.;