Bapna, J.—This is a reference by the learned Sessions Judge, Nagaur. The accused Madho Ram was chal-laned by Police, Khatu, to the Court of Lala Jaswant Narain, First Class Magistrate, Nagaur, on a charge under section 302/109 M. P. C. The prosecution examined 13 witnesses. The accused stated that he had been falsely impleaded, pleaded alibi, and examined three witnesses in support of his version. The learned Magistrate was of opinion that no case had been made out and submitted the record to the learned Sessions Judge with a recommendation for discharge of the accused as required under the then Marwar Criminal Procedure Code. The learned Sessions Judge, however, came to the conclusion that the evidence was sufficient for the framing of a charge under section 302/109 M.P.C., and on 10.2.49 directed the learned Magis-trate to commit the accused to the Court of Session for trial. By the time the case was received by the lower Court, there was a change in the personnel and the case was laid before Mr. Mool Singh, Sub-Divisional Magistrate, The accused prayed for a de novo inquiry under proviso (a), section 350, sub-section (1), of the Code of Criminal Procedure. Mr. Mool Singh, Sub-Di

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