MAHARABAM BOKUL SINGH Vs. THANGJAM KUNDO SINGH

JUDGEMENT

(1.) THE prayer made in this criminal Revision Petition filed Under Section 439 , Criminal P.C., is that the Order Dt. 29 -8 -1968 by which the committing Magistrate discharged the respondents of the offence Under Section 302, IPC, and the Order D/ - G -ll -1968 of the Sessions Judge affirming the correctness of that discharge order, be quashed.

(2.) AFTER hearing the learned Counsel for the parties I have cone to the conclusion that the prayer made by the petitioner is justified in law, According to Sub -section (6) of Section 207 -A, Criminal P. C. the Magistrate can discharge the accused if in his opinion the evidence and documents on the record do not disclose grounds for committing the accused persons for trial. In other words, the Magistrate is required by law to find out if there are sufficient grounds to 'commit' the accused to the Sessions Court and not whether there is sufficient evidence to 'convict' him of the offence charged. It is settled that the duty of the Magistrate is to determine whether a conviction is probable and not that it is possible, and that if two views are possible on the available evidence it is the duty of the Magistrate to commit the accused for trial rather discharge him. The committing Magistrate, it must be emphasized, cannot weigh the evidence and the probabilities in the case, that being the privilege only of the Sessions Judge trying the accused. The committing Magistrate is only concerned to find out whether there is evidence and material before the Court which, if believed, would establish a prima facie case against the accused. He would be acting the excess of his jurisdiction if he were, instead, to weigh the evidence critically and find out inconsistencies and improbabilities to decide the guilt or innocence of the accused. Such a procedure would amount to a trial of the case and that would clearly be beyond the jurisdiction of the Committing Magistrate.