This is a petition for setting aside the order of the District Magistrate, Anantapur, setting aside the discharge of the petitioner, who was the first accused in P.R.C. No. 6 of 1948, on the file of the Stationary Sub-Magistrate’s Court, Anantapur, under section 209, Criminal Procedure Code and directing the petitioner to be committed to the Court of Session, Anantapur, under section 437 of the Criminal Procedure Code, to stand his trial for offences under sections 302 and 380, Indian Penal Code, or in the alternative, for an offence under section 201, Indian Penal Code.

The prosecution case was briefly this Komathi Thimmakka, a lonely Vysya widow of sixty years, was eking out her livelihood by running a petty shop in Atmakur village, Anantapur district. She was wearing a gold nanu (necklace) worth Rs. 250 for years and had it on her even on the night of 27th February, 1948, according to P.Ws.3 and 9, her brother and his wife. That night, after she had closed her shop and gone to bed, five persons, who were all accused before the Stationary Sub-Magistrate, including this petitioner who was the first accused, were said to have gone to her house (which was near her shop) drunk, w