Law: Criminal Procedure Code (V of 1898)

Section: 561-A, 302

(a) Criminal Procedure Code (V of 1898) S. 561-A-Quashment of proceedings -Observations of trial Magistrate that deceased met his death as a result of injuries received by him at hands of petitioner and as such prima facie a case under S. 302, P. P. C. triable by Session Court, made out not based on any evidence on record and on contrary belied by medical evidence-Order of trial Magistrate for referring case to Court of Session for trial, held, illegal and set aside, in circum stances. (b) Criminal Procedure Code (V of 1898) S. 561-A-Quashment of proceedings-Contention that case being ripe for final disposal it would be more appropriate if trial Magistrate disposes of case after examining evidence on record --Contention, held, correct Quashment of proceedings declined, in circumstances. Date of hearing: 16thFebruary, 1981.                                                                                                                                                  JUDGMENT The petitioner alongwith four other persons was challaned under section 304/148/149/294, P. P. C. and was sent up for trial. After e protracted trial the learned trial Magistrate on 16thApril, 1980 pasted an order that Sardara deceased, in the present case, had met his death as a result of injuries received by him at the hands of the assailants and as such a prima facie case under section 302, P. P. C. was made out against the accused. He accordingly referred the case to the Sessions Judge for trial. After hearing the arguments of the learned counsel for the parties, in the present petition .for quashment, it has been found that the aforementioned order is not based on any evidence on the record because the Medical Officer who conducted the post mortem examination of Sardara deceased bad stated in unequivocal terms while appearing as…