STATE Vs. YASIN

JUDGEMENT

(1.) These two references by the learned Sessions Judge of Gyanpur arise out of cross-cases and raise two common questions of law, namely (1) whether under Section 207 A (4), Criminal P. C., a committal order which is based upon an examination of some and not all of witnesses to the actual commission of the offence alleged is illegal? and (2) whether the prosecution in such a case are precluded from examining in the Court of Sessions a witness who was not examined in the committing Court?

(2.) Both the references first came up for hearing before our brother Sahai, who referred them to a Division Bench in view of the importance of the questions of law involved therein.

(3.) The facts giving rise to the said references are as follows :