Law: Criminal Procedure Code (V of 1898)

Section: Ss. 219, 210-

(On appeal against the judgment and order of the High Court of Judicature at Dacca in East Pakistan, dated the 12th January 1961, in Criminal Revision No. 692 of 1960).   (a) Criminal Procedure Code (V of 1898)------Ss. 219, 210--Commitment-When ought to be made - "Prima facie" case " for trial"-Questions of fact and law "in issue" between prosecution and accused-Can be decided "only" by Sessions Court-Committing Magistrate "never" a Judge of "reasonable doubt"-Magistrate may discharge where prosecution evidence `fails altogether", and "quite plainly", to make out prima facie case-Recording "clear findings of fact" on questions in issue-Magistrate exceeds jurisdiction-Speculation as to reasonable expectation of conviction not permissible before "full evidence is led at proper trial"-Plea of "private defence" can be considered only by Court of trial after charge has been framed-[Case directed (more than four years after crime) to be committed to Sessions by "another" Magistrate].   It is essential for the proper maintenance of the criminal jurisdiction that a serious crime involving death should be brought to trial before a competent Court, and that questions of fact arising therein should not be allowed to be decided by a Court of enquiry whose only function is to satisfy itself that there is a prima facie case against the accused persons, and to set out the case so found in a committing order, supported by a formal charge, upon which the trial can proceed.   No judgment of any Court can possibly avail to give jurisdic tion to an Enquiry Magistrate to try an offence of murder. In other words, if there be questions of fact or of law upon which the prosecution and the defence are at issue, the decision upon such issues can only be reached by the Sessions Court.   The concept of a "reasonable doubt" operating in favour of an accused person only begins to apply at a stage when the full evidence on both sides in regard to a point in issue has been placed on record, and such evidence being considered as a whole, the Court is…