1. Achhut Rai and Badri Rai have appealed against their conviction under Section 194 of the Indian Penal Code. A charge of murder was framed against these men. The learned Judge acquitted them of the charge of murder but went on to say:
In my opinion, however, Achhut Rai and Badri Rai are guilty of fabricating further injuries immediately after death on the dead body of Nandlal Rai with lathis and gandasa in order to accuse their enemies of a capital offence.
2. He has convicted Achhut Rai and Badri Rai and sentenced them to five years' rigorous imprisonment each. Objection is taken by the learned Counsel for the appellants that there being no sanction, complaint or charge against his clients charging them of an offence under Section 194 they could not be convicted of that offence without a substantive charge against them. I am of opinion that when a man is charged with an offence punishable under. Section 302 he cannot, without a charge; being framed against him, be convicted of an offence punishable under Section 194 of the Indian Penal Code. I set aside the conviction and sentence of Achhut Rai and Badri Rai.
3. Upon the finding arrived at by the learned Sessions Judge I am of opinion that a complaint should be filed against Achhut Rai and Badri Rai I, therefore, acting under Section 476 A of the Criminal P.C., direct a complaint to be filed against Achhut Rai and Badri as, in my opinion, prima facie, they appear to have committed an offence punishable under Section 194 in that they fabricated injuries immediately after death on the dead body of Nandlal Rai with lathis and gandasa in order to accuse their enemies of a capital offence. Let the complaint be submitted to the District Magistrate of Basiti to take action. Achhut Rai and Badri Rai will be kept in confinement until steps are taken by the District Magistrate in this matter. It will be open to the District Magistrate, to consider any application for bail that may be filed on their behalf before him. Let the whole record be sent to him through the Sessions Judge.