MODI, J.

( 1 ) THIS is a reference by the Sessions Judge, Jodhpur, and raised an important question as to the interpretation of Sub-section. (4) of Section 207-A of the Code of Criminal Procedure. This section has been recently introduced into the Code of criminal Procedure by the Criminal Procedure Amendment Act (No. XXVI) of 1955.

( 2 ) THE facts leading up to this reference, may be shortly stated as follows. The prosecution case is that the deceased Jawandan met his death by foul means on or about the 29th April, 1956. He had left his village on the 27th April 1956 to collect some of his debts with his account hooks and certain other papers. Badridan son of the deceased made a first information report to the Additional Superintendent office, Jodhpur, on the 22nd May. 1956, to the effect that his father was missing and that he suspected that he had been killed, and he also named the two accused birda and Likhma among others who might have killed the deceased. A case was eventually registered on the 3rd September, 1956, at police station jhamvar against both of them. The police took up the investigation. The police were not able to discover any witness to the actual comm