( 1 ) THIS petition is by tiie State and directed against an Order made by the First Class Magstrate, Hassan, in CC. No. 912 of 1971 and the Order of affirmance made by the learned Sessions Judge at Hassan, in Crrp. 7 of 1971.

( 2 ) A charge sheet was placed by the Pulice of Sakleshpur against the respondents, levelling charges under Ss. 302 and 324 read with 34 IPC. Apart from the two respondents herein, there was another accused by name Sadhu. In view ot the fact that Sadhu had been alleged to be a minor, separate proceedings were instituted against him under Juvenile offenders Act. We are not concerned with his case for the present. The prosecution case is that on 7-5-1971 at about 6-30 p. m. one Alban lobo was assaulted by the three accused with sticks and stones and was also throttled, as a result of which he died almost immediately. The proceedings were conducted in accordance with the provisions of Sec. 207a, crpc. During the committal stage, the wite and son of the deceased have been examined. The Postmortem report of the Doctor is that the death was the result of throttling and not on account of the assault with sticks and stones. The learned Magistrate examined the papers

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