( 1 ) THIS is a revision petition filed under Sections 435 and 439, Cr. P. C. , seeking to quash the order of commitment made by the Munsif-Magistrate, Miryalaguda, by which the petitioners have been committed for trial before the Court of Sessions, Nalgonda, on a charge under Section 304, I. P. C. This case passes an important question of procedure in inquiries preparatory to commitment in cases instituted on police reports and the question turns on the true construction of the provisions of Sub-section (4) of Section 207-A, Cr. P. C.

( 2 ) THE facts leading up to this revision are as follows:

( 3 ) THE Sub-Inspector of Police of Mahkapatnam filed a charge-sheet before the Munsif-Magistrate, Miryalaguda, alleging that on 10-10-1956, the petitioners had belabored one Koditekka Ramulu with sticks and had thereby caused his death, and were therefore liable for an offence under Section 304, H. P. C. To prove the prosecutions case, 17 witnesses were cited in the charge-sheet of whom as many as six were shown as eye-witnesses to the occurrence,

( 4 ) AT the preliminary inquiry the prosecution did not choose to produce any witness, nor did the Magistrate of his own accord exa