Judgement

RAMASWAMI, J. : This appeal is brought, by special leave, from the judgment of the Patna High Court, dated May 8, 1964 in Criminal Revision No. 162 of 1961 affirming the order of the Additional Sessions Judge of Arrah in Criminal Revision No. 194 of 1960 ordering the appellant to be committed to Sessions for being tried on a charge under S. 307, Indian Penal Code.

2. It appears that the Police submitted a charge-sheet against the appellant and 8 others in respect of offences under S. 307, read with Ss. 148 and 149, Indian Penal Code on the information lodged by Gouri Shankar Tiwari, alleging that the accused had formed an unlawful assembly and, in prosecution of the common object, the appellant Ramekbal Tiwary injured the informant with a gunshot. The defence of the appellant was that Gourishankar Tiwari had raided his house with several other persons and in self-defence he used his gun inside his house as a result of which Gouri shankar Tiwari received injuries. The Magistrate to whom the case was transferred by the Sub-Divisional Magistrate, started an enquiry under Ch. XVIII of the Criminal Procedure Code and, having examined eleven prosecution witnesses and heard the a