18 N /74 exercising the powers companyferred under Section 319 of the CrPC directed the five respondents herein to be tried together with four other original accused already companymitted by the Magistrate to take their trial Under Section 302 read with Section 34, I.P.C. and also issued number bailable warrants against these respondents.
It is a criminal appeal arising out of an order passed by a Division Bench of the High Court of Gauhati dismissing the reference made by the Sessions Judge under Section 395 of the CrPC.
155/78 dated 12 12 78.
The brief facts of the case which led to this appeal are as follows The Sessions Judge of Nawagaon, during the trial of a murder case in Sessions Case No.
P.C bringing to the numberice of the High Court that the order of the learned single Judge was companytrary to the decision of the Supreme Court in Joginder Singh v. State of Punjab, .
After the matter went back, the Sessions Judge made a reference before the High Court under Section 395, Cr.
The occurrence should have taken place before 1974 since the order of the Sessions Judge is dated 23 9 74.
