MUNI LAL SHAW ACCUSED Vs. STATE
LAWS(CAL)-1970-7-13
HIGH COURT OF CALCUTTA
Decided on July 24,1970

MUNI LAL SHAW ACCUSED Appellant
VERSUS
STATE Respondents

JUDGEMENT

- (1.) HEARD the learned Advocates for the State and the opposite parties and examined the records with their assistance.
(2.) THE petitioner-accused is Munilal Shaw. The police after investigation submitted a charge sheet against him for the alleged commission of an offence punishable under Section 302 of the Indian Penal Code. There was an enquiry by a learned Magistrate under Section 207 A of the Code of criminal Procedure. The learned Magistrate perused the documents and examined, five witnesses and heard the parties and committed the accused' petitioner to take his trial on the charge under Section 302 of the Indian penal Code before the Sessions Judge, midnapore.
(3.) THE accused-petitioner's grievance is that the charge-sheeted four eye-witnesses had not been examined by the learned Magistrate and that such failure to examine those eye-witnesses by the learned Magistrate vitiated the proceedings of commitment and pretended abuse of the process of law. Dr. Mani Ghosh, Sarada Marathin, sadananda Show and R. Suria Rao are witnesses in the charge-sheet. The learned Magistrate, who examined five witnesses, while discussing the evidence observed as follows:- "prosecution has examined five witnesses in this ease. Ail the witnesses identified the accused Munilal and spoke about the sound of gun shot and flash of fire from the hand of Munilal which caused death to Birjan Show. The prima facie case under section 302 I. P. C. against accused Munilal has been well established. . . . . . . . ". ;


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