REX Vs. MATOLEY

JUDGEMENT

(1.) This is a reference by the learned Sessions Judge of Orai, recommending that an order of commitment made by a Magistrate of the first class be quashed and that the Magistrate be directed to proceed with the trial of the case. This case came up before one of us but in view of the importance of the questions involved in it, and further in view of conflicting authorities on these questions it has been referred to a Full Bench.

(2.) It appears that on 13th November 1945, in the after-noon at about 3 P. M. a fight occur, red between two sets of villagers of village Umrar, P. Section Orai, District Jalaun. As a result of injuries received in the fight one Lalloo Ahir lost his life. One Shyam Behari filed a complaint against four brothers viz., Matoley, Lalloo, Hira Lal and Har Dayal under Section 323, Penal Code, read with Section 24, Cattle Trespass Act. Under; orders of a Magistrate police investigation followed as a result of which a case against Matoley, Hira Lal, Lalloo and others under Section 323, Penal Code, read with Section 24, Cattle Trespass Act, was sent up to the Court of the Magistrate for trial. There was also a cross-case against Shyam Behari and Ors., under 3. 304, Penal Code, in respect of the death of Lalloo. The learned Magistrate committed Shyam Behari and Ors. to the Court of session, to stand their trial for an offence under Section S04, Penal Code. Subsequently on 4th June 1946, the learned Magistrate committed Matoley, Hira Lai and Har Dayal, the accused in the cross-case also, to the Court of Session, to stand their trial under Section 323, read with Section 24, Cattle Trespass Act. The only reason for committing Matoley and others to the Court of Session, was that it was a cross-case to the case under Section 304, Penal Code, against Shyam Behari and others which had already been committed to the Court of Session.

(3.) Following a decision by a learned single Judge of this Court as well as a similar decision:by a learned Judge of the Madras High Court, the learned Sessions Judge has expressed the view that the commitment of Matoley and others to the Court or Session, was bad in law. He has referred the case to this Court with the recommendations mentioned above.