(1.) The issue which this court is called upon to answer is "whether rejection of previous applications by the Magistrate to commit the case to the court of Sessions debars the Magistrate to form an opinion while appreciating the evidence or material available on the file on conclusion of the trial to commit the case to the court of Sessions particularly when homicide is not disputed?
(2.) Some facts are required to be noticed:-
(3.) Thereafter, prosecution as well as defence concluded their evidence.