CHINTAMANI THAPA AND 11 ORS. Vs. STATE

JUDGEMENT

(1.) SOME of the accused persons were committed to the Court of Sessions to stand their trial under Sections 149 and 302, Indian Penal Code and others under Section 302/109, Indian Penal Code. On 16 -8.1965 the accused appeared before the Sessions Judge and filed an application that the commitment should be quashed as the Committing Magistrate did not examine a single eye -witness and apply his mind to the question of necessity for examining such witnesses. This application was treated as Criminal Revision. The learned Sessions Judge has made a reference that the commitment should be quashed. The relevant portion of the order passed by the Committing Court on 23 -4 -1965 is to the effect:

(2.) SECTION 207 -A(4), Criminal Procedure lays down:

(3.) THE learned Committing Court ought to have applied its mind to the case in accordance with the provisions of Section 207.A(4), Code of Criminal Procedure and decide whether it should have examined some of the witnesses, not produced, in the interest of justice. On this ground, the judgment of the learned Sessions Judge can be supported.