Law: Criminal Procedure Code (V of 1898)

Section: 215, 561

(a) Criminal Procedure Code (V of 1898), ---Ss. 215 & 561-A Quushtnent of commitment proceedings-Provisions of S. 561-A could not be invoked in presence of specific provisions contained in S.215. (b) Criminal Procedure Code (V of 1898), ----S. 215-Expression "quashed by High Court . . . only on a point of law"-Want of evidence in case : a "question of law"--Mere insufficiency of evidence, however, would not be a legal question to justify invocation of S. 215. Harendra Lal Roy Chowdhuri v. Sm. Haridasi Debi and others A I R 1914 P C 67; Indar Singh v. Emperor A I R 1930 Lah. 545; Maniram Manghanrnal and another v. Emperor A I R 1932 Sind 157; Khera and others v. The Crown P L D 1954 B J 30; Haji and others v. The Crown P L D 1952 B J 60; Muhammad Hanif v. The Crown P L D 1956 Lah. 394; Ch. Bhagat Ram v; Major P. T. James A I R 1945 Lah. 1; Mahbub Shah v. Emperor A I R 1945 P C 118; Sheobux Ram v. Emperor 2 Cr. L J 534; Khushi Ram v. Hashim A I R 1959 S C 542; Hasan Din v. Emperor A I R 1931 Lah. 467; T. Krishniah v. Government of Mysore A I R 1950 Mys. 44 and Gansham Das v. Emperor A I R 1930 Lah. 545 ref. Dates of hearing: 29th October and 4th November 1969, JUDGMENT Cr. Misc. No. 5287 and Cr. Misc. No. 5699 of 1969 are connected matters, having been filed by Muhammad Azam and Muhammad Akbar petitioners respectively for quashing of Commitment Order passed against them by the learned Magistrate Jhelum on 18-8-1969 under section 302/34, P. P. C., finding a prima facie case against the two petitioners. 2. The short background of the petitions is that on 11-2-1968, a case under section 302/34, P. P. C. was registered against the two petitioners at Police Station Dina, Jhelum at 5-15 p. m. at the instance of Master Ali Asghar who appeared as P. W. 1 during Inquiry before the Magistrate. The version set out in the F. I. R., in substance, is that earlier, on the same day, the complainant, accompanied by one Ghualm Yousaf, came to the house of Inayat Beg deceased after having attended the funeral prayer of one Karam Elahi Kumhar of their village Khana Boki. While all the three, namely, the complainant, Ghulam Yousaf and Inayat Beg, were sitting…