Gandi Appa Razu vs King-Emperor on 11 November, 1919
Gandi Appa Razu v. Emperor, 43 Mad. 330 is a Madras case in which the same view was taken by a Division Bench. In that case the accused was prosecuted under Sections 147 and 302, Penal Code, but was charged only under Sections 147, 323 and 325. The complainant applied to the District Magistrate to revise the charge under Section 435 of the Code. Krishnan J. observed that there was no express order of discharge as to Section 304, Penal Code, and that order of discharge could not be implied inasmuch as the trial had not come to a close and it was still open to the Magistrate to frame further charges and commit the accused under Section 347 of the Code. 20.