JUDGMENT

Punchhi, J.-Special leave granted.

2. Can a Magistrate undertaking commitment under Section 209 Cr.P.C. of a case triable by a Court of Session, associate another person as accused, in exercise of power under Section 319 of the Code of Criminal Procedure, or under any other provision, is the significant question which crops up for consideration in this appeal.

3. The first informant (the second respondent herein) Chandra Madho Singh, resident of Buxor, Bihar learnt on 6.3.1994 at about 7.30 p.m. that his brother Sudhir was under attack by means of an iron rod at the hands of Avadh Kishore alias Pagalwa in front of the latter s shop. When he came close to the place of occurrence, he found the accused abusing and saying to the victim that he would not let him remain alive. On seeing the first informant and his helpers having come, the assailant ran away from the spot. The first informant removed his injured brother to the Hospital and kept attending to him during night. Next morning on 7.3.1994, the injured expired. Thereafter at about 10 a.m. the first informant reported the matter to the police naming Avadh Kishore alias Pagalwa as the sole accused of the crime.

4. It appears