Law: Criminal Procedure Code (V of 1898)

Section: Ss. 209 & 210

Criminal Procedure Code (V of 1898), Ss. 209 & 210--- Words "sufficient grounds for committing"-Interpretation-Prima facie case made out by prosecution-Inquiry Court bound to commit accused for trial-Weighing prosecution evidence with regard to probabilities or identity of accused-Function of Sessions Court and not that of committing Court.   Hari Ballav Shaha Roy v. Gopi Ballav Shaha and Government of East Pakistan P L D 1959 S C (Pak.) 347 and Ramgopal Ganpatrai Ruia and another v. State of Bombay P L D 1958 S C (Ind.) 293 ref.   Criminal Procedure Code (V of 1898), Ss. 435 8c 209 Order of discharge under S. 209 by inquiry Magistrate after examination of accused and close of prosecution evidence- Revision against order of discharge-Re visional Court setting aside order should send back case to inquiry Magistrate directing him to frame charge against accused and commit them to Sessions Court -Entrusting case to another Magistrate for inquiry and trial afresh, Held, not proper. JUDGMENT   This revision petition is directed against the order dated 13th April 1963, of the learned District Magistrate, Peshawar where under he set aside the order of discharge under section 209, Cr. P. C., recorded by Mr. Abdul Aziz Khan, Magistrate l st Class, Nowshera, of the three respondents for offences under sections 302/34 and 307/34 P. P. C., and directed Muhammad Tariq, C.S.P., Assistant Commissioner, Nowshera, to try afresh and decide on merits the case.   The revision petition raises an important question in regard to the interpretation ofthe term "sufficient grounds for committing" occurring in sections 209 and 210 of the Cr. P. C.   The material facts leading up to this revision petition shortly are that the three petitioners namely, Masood Gul, son of Habibullah, Tauheed Gul, son of Faqir Gul, and his brother Mehrab Gul, were challaned under sections 302/34 and 307/34, P. P. C. for having on 6th October 1962, in the early hours, in furtherance of their common intention, shot dead their co-villager Kishwar, son of Zarin Khan, and caused firearm injury to his son Mirbaz Khan (P. W. 6), while they were sleeping in the…