Manohar Pershad, J.-

This is an appeal on behalf of the State against the Acquittal of the accused. In such appeals, this Court does not usually interfere with the order of acquittal unless there are compelling and substantial reasons; but the learned Public Prosecutor contended that the learned Sessions Judge has erred in holding that the failure on the part of the prosecution to produce all the eyewitnesses for examination before the committing Magistrate’s Court was fatal; as such, it is urged that his conclusion that the accused are entitled to an acquittal is not justified.

The facts leading to this appeal are: On 22nd July, 1958, when A-1 returned to his house in the evening, he found the door closed from inside. He called out the deceased, who was his daughter-in-law. She came out and went away saying that she would go to the pond to wash clothes. After entering the hut, he found P.W. 1 concealing himself in a big earthern pot. A-1 caught hold of his hair and pulled him out and thed him to a pillar with the help of P.W. 2. Sometime later, the deceased came back to the hut. She was also tied to a pole and beaten by A-1, Baliah, P.W. 4, the brother of P.W. 1 arrived at the hous

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