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2010 DIGILAW 193 (RAJ)

State v. Chandra @ Chander Bhan

2010-01-22

NARENDRA KUMAR JAIN, RAGHUVENDRA S.RATHORE

body2010
Hon'ble JAIN, J.—This appeal has been registered, after grant of leave to appeal against the order dated 17th of October 1981, whereby the trial Court has acquitted the accused from the charges levelled for the offences under Section 307, 149, 148 IPC. 2. As per Clause VIII of Rule 55 of the Rules of the High Court for judicature for Rajasthan 1952 it is provided that a criminal appeal, application or reference under the Code of Criminal Procedure shall be heard and disposed of by a Judge sitting along except an appeal, application or reference in a case in which a sentence of death or imprisonment for life has been passed and in criminal matters against acquittal arising out of offences punishable only with death or imprisonment for life. 3. Rule 55, Clause (viii) is reproduced as under:- "(viii) a criminal appeal, application or reference under the Code of Criminal Procedure, 1973 or any other law except an appeal, application reference in a case in which a sentence of death or imprisonment for life has been passed and in criminal matters against acquittal arising out of offences punishable only with death or imprisonment for life." 4. The offence under Section 307 IPC is punishable with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine; and if hurt is caused to any person by such act, the offender shall be liable either to imprisonment for life, or to such punishment as is herein before mentioned. 5. Section 307 is also reproduced as under:- "307. Attempt to murder:-Whoever does any act with such intention or knowledge, and under such circumstances that, if he by that act caused death, he would be guilty of murder, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine; and if hurt is caused to any person by such act, the offender shall be liable either to (imprisonment for life), or to such punishment as is herein before mentioned." 6. In view of the above, it is clear that offence under Section 307 IPC is not punishable only with death of imprisonment for life, therefore, the criminal matters against the acquittal arising out of offence under Section 307 IPC to be heard by Single Bench and not by Division Bench. In view of the above, it is clear that offence under Section 307 IPC is not punishable only with death of imprisonment for life, therefore, the criminal matters against the acquittal arising out of offence under Section 307 IPC to be heard by Single Bench and not by Division Bench. Hence, Registry to list this matter before appropriate Single Bench. 7. The Registry is directed to list all such matters in future before appropriate Single Bench.