STATE Vs. LAKSHMI NARAIN SINGH

JUDGEMENT

(1.) This is a reference by the Sessions Judge of Jaunpur with a recommendation that the commitment of Lakshmi Narain Singh alias Raj Bahadur Singh and his father Srinath Singh to the court of session to stand their trial of an offence punishable under Section 302 I. P. C. or 302/109 I. P. C., respectively, be quashed and the case sent back to the committing court for holding an inquiry in accordance with the provisions of Section 207-A(4) Cr. P. C.

(2.) The case was investigated by the police when on 16-10-1958, at about 1.30 P. M., the dead body of one Sita Devi alias Sitawa, aged 20-21 years, was found floating in a culvert near the Duty Signal at Mehrawan Railway Station. There is no eyewitness to the murder and the case against the accused persons rests on circumstantial evidence. The committing magistrate committed the case to Session without recording any evidence.

(3.) The only point involved in the reference is whether the commitment of a case to the court of Session without recording evidence and on mere perusal of documents referred to in Section 173 Cr. P. C. is legal.