Law: Criminal Procedure Code (V of 1898)

Section: S. 215

  Criminal Procedure Code (V of 1898), S. 215-Insufficiency of evidence-Not "point of law"-No ground for High Court to quash commitment.   Harendra Lal Roy Chowdhuri v. Sm. Haridasi Debi and others A I R 1914 P C 67 ; Emperor v. Vellapa Durgaji Jadhy A I R 1929 Born. 269 ; Gansham Das v. Emperor A I R 1930 Lah. 545 (1) ; The State v. Nazar Mohmad A I R (38) 1951 Raj. 122 (J B) ; K. K. Anthrew v. The State A I R 1952 Tranv-Cochin 158 ; Muhammad Khan and another v. Emperor A I R 1933 Lah. 39 ; Emperor v. Waroo and another A I R 1938 Sind 79 ; Hassan Din v. Emperor A I R 1931 Lah. 467 and Maroti v. Emperor 36 Cr. L J 1935 Nag. 1389 ref.   Criminal trial - Reference-Trial Judge expressing his opinion on reference-Trial by same Judge not desirable. JUDGMENT   SHAKIRULLAH JAN, J.---This is a reference by Mr. Muhammad Shafique Khan learned Sessions Judge, Derajat Division, recom mending that the commitment made by S. Mutiullah Shah Magistrate Ist Class, Bannu, by his order dated 24th February 1962, under which the petitioner Bahadur Khan son of Mirza Ali Khan, resident of Katka Bazid Surani, Police Station Saddar, District Bannu, has been committed to the Court of Sessions to stand his trial under section 302 read with section 109, P. P. C. be quashed. There is also a revision by Nawab Khan son of Mumtaz Khan deceased, requesting that the reference made by the learned Sessions Judge for quashing the commit ment of Bahadur Khan be rejected, and we propose to dispose of the reference and the revision by this judgment.   The reference and the revision petition were referred to a Division Bench by Muhammad Daud Khan, J. on the ground that the question as to whether the order of commitment on insufficient evidence was a question of law or not. Under section 215, Cr. P. C. the High Court is empowered to quash the order of committal merely on the point of lace. The point if insufficiency in evidence is a point of law or not, has been differently decided by different High Courts and it requires further consideration.   The facts giving rise to this reference and the revision briefly are that Nawab Khan(P. W. 1) is the son of Mumtaz Khan…