STATE Vs. HARDEO

JUDGEMENT

(1.) THIS reference comes on the report of the Session Judge, Pali dated the 2nd December, 1953.

(2.) THE facts given rise to it are that one Hardeo Daroga resident of Dholided in Tehsil Jetaran was challaned by the Police in the court of Sub-Divisional Magistrate, Jetaran for an offence under sec. 304 I. P. C. After preliminary enquiry, the said magistrate committed the accused to the court of Sessions Judge, Pali to stand his trial for the said offence. THE learned Sessions Judge has reported that at the time of hearing the bail application on behalf of the accused, he has gone through the prosecution evidence produced in the committing Magistrate's court. He says that there is very little or practically no evidence against the accused and that it should not have been considered sufficient for committing him to his court. He thinks that there is Utile likelihood of the conviction of the accused and therefore, he has recommended that the commitment should be quashed by this court.