Law: Criminal Procedure Code (V of 1898)

Section: 209,210,213

(a) Criminal Procedure Code (V of 1898)------ ----Ss. 209, 210, 213-Commitment to Sessions Court - Case registered by Police under S. 302, P. P. C. Committing Magistrate not required to decide whether case is one under S. 304 or S. 302, P. P. C.� Case- to be committed to Sessions Court if prima facie made out-Order of discharge can however be passed if no sufficient reason exists for commitment or there is no evidence.  Hari Ballav Shah Roy v. Gopi Ballav Shaha and Government of East Pakistan P L D 1959 S C (Pak;) 347 fol. (b) Criminal Procedure Code (V of 1898)---- ----S. 438-Sessions Judge in his report to High Court expressing opinion in ease� Such case not to be laid before him for trial.ORDER OF REFERENCEThe facts of this case are as follows :-1. A case under section 302, P. P. C. was registered by the police against Sadiq and five others. The commitment proceedings were held by Mr. Ghulam Farid-ud-Din Riaz, Magis�trate 1st Class, Toba Tek Singh. He recorded the entire evidence of the prosecution and came to the conclusion that the accused are guilty of culpable homicide not amounting to murder. He charged them under section 304, P. P. C. and sent the case to a Magistrate with powers under section 30 of the Criminal Procedure Code. This revision petition has been filed by William, the complainant, against the order of the learned Magistrate.2. The case of the prosecution in brief is that William lent his Khentch to Sadiq accused. John Masih, the father of William, reprimanded his son far having lent the Khentch and asked him to get it back. William went to square No. 116 where the accused were threshing their wheat. He found all the six accused sitting there. He demanded the return of the Khentch but the accused refused to give it back. He insisted upon its return and told them that he would not go back without it. A quarrel broke out and all the accused attacked him with dangs. In the meantime John Masih, deceased, along�with Jaims and Sardara arrived at the spot and tried to save William. The accused also attacked John Masih and his com�panion Jaims. Punnu, Isa and Praim Das also reached the place of occurrence and…