326 and 338 of the indian penal companye because in his opinion the evidence did number make out an offence under s. 307 indian penal companye.
thereafter the magistrate held a regular trial with regard to charges under ss.
nur ud din ahmed and r. c. prasad for the appellant.
326 and 338 indian penal companye and acquitted the appellant and the other accused of those charges by his order dated july 13 1960.
appeal by special leave from the judgment and order dated may 8 1964 of the patna high companyrt in criminal revision number 162 of 1961.
criminal appellate jurisdiction criminal appeal number 213 of 1964.
xviii of the criminal procedure companye and having examined eleven prosecution witnesses and heard the arguments of the parties decided to try the accused under s. 251a of the criminal procedure companye for offences under ss.
the judgment of the companyrt was delivered by ramaswami j. this appeal is brought by special leave from the judgment of the patna high companyrt dated may 8 1964 in criminal revision number 162 of 1961 affirming the order of the additional sessions judge of arrah in criminal revision number 194 of 1960 ordering the appellant to be companymitted to sessions for being tried on a charge under s. 307 indian penal companye.
the defence of the appellant was that gourishankar tiwari had raided his house with several other persons and in self defence he used his gun inside his house as a result of which gourishanker tiwari received injuries.
this order was made by the magistrate on march 19 1960.
the magistrate to whom the case was transferred by the subdivisional magistrate started an enquiry under ch.
148 and 149 indian penal companye on the information lodged by gourishankar tiwari alleging that the accused had formed an unlawful assembly and in prosecution of the companymon object the appellant ramekbal tiwary injured the informant with a gunshot.
p. jha for respondent number 2.
p. singh for respondent number 1.
