In Re: Sinna Ranga Boyan and Others

Happell, J.—The petitioners were convicted by the trial Court for offences under Sections 147 and 148 of the Indian Penal Code. On

appeal to the Sessions Judge of Coimbatore, the convictions for the offences under Sections 147 and 148 of the Indian Penal Code were set aside

because in the opinion of the Sessions Judge, there was no proof that any more than three persons took part in beating the complainant. The

Sessions Judge, although he set aside the convictions, remanded the case for fresh disposal, since he thought that the evidence showed that

offences under Sections 323 and 324, Indian Penal Code, in respect of which no charges were framed had been committed. In my judgment the

learned Sessions Judge had no jurisdiction to remand the case for fresh disposal. If the petitioners are now to be tried for offences under Sections

323 and 324 of the Indian Penal Code, they would be being tried on the same facts as the facts which formed the subject-matter of the case under

Sections 147 and 148, Indian Penal Code, and in respect of offences for which charges might have been framed in the case in which they have

been acquitted. They will in fact be being tried again for the same offence within the meaning of Section 403(1) of the Code of Criminal Procedure.

The order of the Sessions Judge directing remand of the case for fresh disposal is therefore set aside. The acquittal of the accused is confirmed

and their bail bonds will be cancelled.