1. The First Class Magistrate of Sherthallai made an order on 10.7.1956 committing the six persons charged in P.E. No. 2 of 1956 for trial by the Court of Sessions at Alleppey. The concluding portion of the order reads as follows:

"I, therefore, find that there is a prima facie case against A.1 for offences under S.341, 323 and 302 I.P.C. and against the others under S.341, 323/114 and 302/114 I.P.C. Formal charge was framed against the accused under these sections, read out to them and explained. They are committed to the Sessions Court, Alleppey, to stand their trial. The existing bail bonds are cancelled".

2. The Additional Sessions Judge of Alleppey has stated in a report under S.438 of the Code of Criminal Procedure, 1898, dated 10.12.1956:

"The order of committal passed by the learned Magistrate has to be quashed on account of this failure to comply with the provisions of sub-. 4 of S.207A Crl. P.C. It is seen from the records of the case that the Prosecution is depending upon the evidence of seven witnesses to the actual commission of the offence and all of them were produced before court on 9.7.56, when the case first came up for enquiry before the lower court. Bu