Law: Criminal Procedure Code (V of 1898)

Section: 215, 561A, 164, 337(2)

Law: Evidence Act (I of 1872)

Section: 157

(a) Criminal Procedure Code (V of 1898), S. 215 'read with S. 561-A-Committal to Sessions Court, quashment of-Weakness of prosecution case on account of inadequacy of evidence or otherwise-Not legal ground giving rise to quashment of commitment .proceedings. There was on the record the earlier report made by brother of the deceased, at Police Post, which contained a definite allegation that the deceased apprehended danger to his life at the hands of accused-petitioner. Although in the report the enmity was attributed to business rivalry yet the motive so alleged was hither very material nor otherwise incapable of explanation. For quite obvious reasons, the deceased or for that matter his brother would normally have avoided the embarrassment of a reference to the love affair between the former and the daughter of petitioner. Alternatively. It might not have been within the knowledge of deceased's brother and perhaps the deceas ed had not taken him into confidence. The recovery of the photo wherein the deceased was found to be sitting arm-in-arm with daughter of petitioner, as also that of letter purporting to have been written by her, considered in the light of the statement of uncle of the deceased, who stated that six months prior to the occurrence petitioner and his wife had approached him to use his good offices in the restoration of the letter, would prima facie furnish sufficient material on the point of motive. According to the report of Handwriting Expert, the letter and the writing on the exercise book allegedly recovered from the house of accused petitioner purporting to be those of his daughter was in the same hand. Then there was the statement of another witness who had met the approver and petitioner in the company of the deceased a couple of hours before the latter undertook his last journey. According to him, the deceased informed him that he would not be able to keep his appointment and would see them after 7 p. m. There was also the evidence of outer recoveries some of which not only appeared to be quite relevant but lent support to the approver's statement under section 164, Cr. P. C. and prima facie had some incriminating force.…